State Rail Authority of NSW v Johnston & Anor [1999] NSWSC 202

New South Wales Supreme Court CITATION : State Rail Authority of NSW v Johnston & Anor [1999] NSWSC 202 CURRENT JURISDICTION : Administrative Law FILE NUMBER(S) : 030084/98 HEARING DATE(S) : 16 March 1999 JUDGMENT DATE : 17 March 1999

State Rail Authority of New South Wales (Plaintiff) PARTIES : Neil Warren Johnston (1st Defendant) Consumer Claims Tribunal (2nd Defendant) JUDGMENT OF : Studdert J

LOWER COURT JURISDICTION : Consumer Claims Tribunal LOWER COURT FILE NUMBER(S) : TNE97/697 LOWER COURT JUDICIAL OFFICER : Mr R. Meehan

B. Connell (Plaintiff) COUNSEL : J.B. Conomy (1st Defendant - excused) Submitting appearance (2nd Defendant) Tress Cocks & Maddox (Plaintiff) SOLICITORS : In person I.V. Knight (2nd Defendant) CATCHWORDS : Administrative law; infringement notice for travelling by rail without a ticket; assumption by Consumer Claims Tribunal of jurisdiction to entertain claim by the traveller for "opportunity to purchase a ticket"; whether Consumer Claims Tribunal had jurisdiction to entertain the claim; jurisdiction of the Local Court in relation to offences under the Transport Administration Act, 1988 ACTS CITED : Consumer Claims Tribunals Act Transport Administration Act Craig v South Australia (1995) 184 CLR163 CASES CITED : Employers Mutual Indemnity Association Ltd v Federal Commissioner of Taxation (1943) 68 CLR 165 R v Small Claims Tribunal (1981) VR 602 DECISION : See paragraph 32

THE SUPREME COURT OF NEW SOUTH WALES ADMINISTRATIVE LAW DIVISION

STUDDERT J