RTA v KRISHNA [2009] NSWLC 31

Local Court of New South Wales

CITATION: RTA v KRISHNA [2009] NSWLC 31

JURISDICTION: Criminal

PARTIES: Roads and Traffic Authority Hari KRISHNA

FILE NUMBER: 2009/00015853

PLACE OF HEARING: Liverpool Local Court

DATE OF DECISION: 02/13/2009

MAGISTRATE: Magistrate Stubbs

CATCHWORDS: Appeal decision to suspend/cancel proprietor's authority

Road Transport (General) Act 2005 LEGISLATION CITED: Road Transport (Vehicle Registration) Regulation 2007 Acts Interpretation Act 1987 (NSW) Income Tax Assesment Act 1936 (Cth)

Deputy Commissioner of Taxation v Meredith [2007] NSWCA 354 RTA v Castrodes & Anor [2003] NSWCA 990 Kyogle Shire Council v Mulli Mulli [2005] NSWCA 4 CASES CITED: Hewitt v Leicester Corporation [1969] 1 WLR 855 Regina v County of London Quarter Sessions Appeals Committee. Ex parte Rossi [1956] 1 QB 682 Nicholson v Tapp [1972] 1 WLR 1044 Prospect County Council v Lethorn and Another [1980] 2 NSWLR 464 at p 469

TEXTS CITED:

REPRESENTATION:

ORDERS:

1. The defendant is the operator of an inspection station for motor vehicles.

2. The defendant purchased a motor mechanic/garage business in 1997. He was made an authorised examiner by the roads and transport authority on for June 1994, and subsequently received his inspection station certification. These licences were granted in respect of two roles: an examiner, in relation to the physical examination of motor vehicles, and as proprietor, requiring him to comply with RTA requirements in relation to maintaining proper equipment and ensuring that the relevant rules were up to date.