RTA of NSW v Hillyard & Anor [2003] NSWCA 284

New South Wales Court of Appeal

CITATION : RTA of NSW v Hillyard & Anor [2003] NSWCA 284 HEARING DATE(S) : 24/09/03 JUDGMENT DATE : 3 October 2003

JUDGMENT OF : Meagher JA at 1; Ipp JA at 7; Foster AJA at 8 DECISION : Appeal dismissed with costs.

CATCHWORDS : MOTOR VEHICLES: Suspension of driver's licence - Jurisdiction of Local Court - Quashing of suspension. CASES CITED : Roads and Traffic Authority of New South Wales v Kim Wilson [2003] NSWCA 279 Roads & Traffic Authority of New South Wales PARTIES : v Craig Hillyard and Magistrate of the North Sydney Local Court FILE NUMBER(S) : CA 40307 of 2002 COUNSEL : A: T Lynch R 1: J McLachlan SOLICITORS : A: Hunt & Hunt R: Carbone Anderson

LOWER COURT Supreme Court - Common Law Division JURISDICTION : LOWER COURT SC 10279 of 2002 FILE NUMBER(S) : LOWER COURT Grove J JUDICIAL OFFICER :

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40307 of 2002

MEAGHER JA IPP JA FOSTER AJA

Friday, 3 October 2003 ROADS AND TRAFFIC AUTHORITY of NEW SOUTH WALES v CRAIG HILLYARD & Anor

FACTS

Between April 1999 and October 2000, the respondent incurred ten demerit points for driving offences; three more were incurred in February 2001 when the respondent's car disobeyed traffic lights. On appeal to the Local Court, the February 2001 offence was proved, but not recorded, because it was found that that the respondent was not the driver of the car.