NSW Caselaw
Reported Decision : 58 NSWLR 240
New South Wales Court of Appeal
CITATION : RTA of NSW v Wilson & Anor [2003] NSWCA 279 HEARING DATE(S) : 24/09/03 JUDGMENT DATE : 3 October 2003
JUDGMENT OF : Meagher JA at 1; Ipp JA at 16; Foster AJA at 17 DECISION : 1. Appeal allowed; 2. Orders of Hidden J set aside; 3. In lieu thereof, that the summons before Hidden J be dismissed with costs; 4. The respondent to pay the costs of the appeal, but to have a certificate under the Suitors' Fund Act.
CATCHWORDS : MOTOR VEHICLES: Suspension of driver's licence - Whether right of appeal conferred by Road Transport (General) Regulation 1999 - meaning of "decision" - Jurisdiction of Local Court. LEGISLATION CITED : Road Transport (Driver Licensing) Act 1998 Roads and Traffic Authority of New South Wales PARTIES : v Kim Wilson & Geoffrey Edward Bradd FILE NUMBER(S) : CA 40743 of 2002 COUNSEL : A: T Lynch R1: P Johnson QC, K Rees SOLICITORS : A: Hunt & Hunt R: Milne Berry & Berger
LOWER COURT Supreme Court - Common Law Division JURISDICTION : LOWER COURT SC 13407/01 FILE NUMBER(S) : LOWER COURT Hidden J JUDICIAL OFFICER :
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40743 of 2002
MEAGHER JA IPP JA FOSTER AJA
Friday, 3 October 2003 ROADS AND TRAFFIC AUTHORITY of NEW SOUTH WALES v KIM WILSON & Anor
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