Roads and Traffic Authority of New South Wales v Ali Salim [2004] NSWSC 1276

New South Wales Supreme Court

CITATION : Roads and Traffic Authority of New South Wales v Ali Salim [2004] NSWSC 1276 HEARING DATE(S) : 2 February 2005 JUDGMENT DATE : 2 February 2005

JUDGMENT OF : Barr J at 1 DECISION : Magistrate's order varying period of suspension set aside. Defendant's appeal to Local Court against suspension dismissed.

CATCHWORDS : MOTOR VEHICLES: Suspension of driver's licence - whether right of appeal conferred by Road Transport (General) Regulation 1999 - jurisdiction of Local Court. PARTIES : Roads andTraffic Authority of New South Wales, Ali Salim FILE NUMBER(S) : SC 13359/2004 COUNSEL : T Lynch No appearance SOLICITORS : Hunt & Hunt No appearance

- 5 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

GRAHAM BARR J

2 FEBRUARY 2005

13359/2004 ROADS AND TRAFFIC AUTHORITY OF NEW SOUTH WALES v ALI SALIM

JUDGMENT

1 HIS HONOUR: This is an application by summons in which the plaintiff, the Roads and Traffic Authority of New South Wales, seeks an order setting aside a decision of a magistrate and consequential orders. There is also an informal application for leave to amend the summons.

2 The defendant, Mr Ali Salim, was a licensed driver, who had committed a number of traffic offences. The plaintiff had to determine what action to take over two matters. One was a speeding offence and the other was the accumulation by the defendant of demerit points which exceeded the maximum allowable by statute. Either might lead to a period of suspension of the defendant's licence.

3 The plaintiff, in the undoubted exercise of its discretion, decided to suspend the defendant for a period of six months for the speeding offence. No issue arises about that matter.