Oliveri v Dept Transport [2001] NSWSC 45

New South Wales Supreme Court

CITATION : Oliveri v Dept Transport [2001] NSWSC 45 CURRENT JURISDICTION: Equity Division Commercial List FILE NUMBER(S) : SC 50028/00 HEARING DATE(S) : 11/12/00 JUDGMENT DATE : 14 February 2001

Oliveri Transport Services Pty Limited - Plaintiff PARTIES : The Director-General of the Department of Transport of New South Wales - First Defendant The State of New South Wales - Second Defendant JUDGMENT OF : Rolfe J

COUNSEL : Mr J.C. Kelly SC/Mr R.T. Beech-Jones - Plaintiff Mr M.L.D. Einfeld QC/Mr R.P.L. Lancaster - Defendants SOLICITORS : Harmers Workplace Lawyers - Plaintiff Deacons - Defendants CATCHWORDS : Legislative Repeal and Amendment - The effect of the repeal of an amending Act on the Act which it amended, where the amended Act is neither repealed nor altered: held the repeal of the amending Act, especially by a Revision Act does not, in itself, amend the principal Act to the extent of the amendments. - Administrative Law - Whether decision purportedly made under a statutory provision should be set aside on the basis that it was made for an ulterior purpose and was uncertain: held that it should be - Contracts - An offer of renewal of a contract must be certain: held there was a lack of certainty in the offer Passenger Transport Act 1990 Transport Administration Act 1988 Transport Licensing Act 1931 LEGISLATION CITED : Passenger Transport Amendment Act 1997 Statute Law (Miscellaneous Provisions) Act (No 2) 1999 National Parks and Wildlife Act 1974 Non-Indigenous Animals Act 1997 Petroleum (Submerged Lands) Act 1982 Pearce & Geddes "Statutory Interpretation in Australia" (4th Edition) Thompson v Randwick Corporation (1950) 81 CLR 87 CASES CITED : Thompson and Warringah Shire Council v Pittwater Provisional Council (1992) 26 NSWLR 491 Rapa v Patience & Ors (McLelland J - 4 April 1985 - unreported) Karger v Paul [1984] VR 161 Kovacevic v Tycan Australia Pty Limited (McLelland J - 25 June 1991 - unreported) DECISION : 1. Declarations in terms of paragraphs 1, 2 and 3 of the plaintiff's Summons dated 10 March 2000; 2. An order in terms of paragraph 4 of the plaintiff's Summons dated 10 March 2000; 3. The defendants to pay the plaintiff's costs of the proceedings.; 4. The exhibits be returned at the expiration of twenty-eight (28) days from to-day's date unless within that time an appeal against this decision has been brought.