NSW Caselaw
New South Wales Supreme Court
CITATION : RTA of NSW v Nichols [2005] NSWSC 946
HEARING DATE(S) : 19/09/2005
JUDGMENT DATE : 22 September 2005
JUDGMENT OF : Hoeben J at 1
DECISION : 1. That the order of the Local Court at Scone of 12 May 2005 dismissing the proceedings commenced by the CAN filed by the plaintiff against the defendant on 28 September 2004 be set aside; 2.An order that the Local Court at Scone rehear the proceedings commenced by the filing of the CAN and determine them according to law; 3.That there be no order as to the costs of the appeal.
CATCHWORDS : Speed measuring devices and camera recording devices - whether certificates conclusive - sections 46 and 47 of Road Transport (Safety and Traffic Management) Act 1999 - whether evidence sufficient to rebut presumption in sections 46 and 47 whether Local Court Magistrate had excessively intervened in conduct of proceedings.
Crimes (Local Courts Appeal and Review) Act 2001 LEGISLATION CITED : Road Transport (Safety and Traffic Management) Act 1999 Road Transport (Safety and Traffic Management) (Road Rules) Regulations 1999
CASES CITED : Burwood Municipal Council v Harvey (1995) 86 LGERA 389
Roads & Traffic Authority of NSW - Plaintiff PARTIES : Peter Michael Nichols - Defendant
FILE NUMBER(S) : SC 12467/2005
Mr T Lynch - Plaintiff COUNSEL : Defendant in Person
Hunt and Hunt - Plaintiff SOLICITORS : Defendant in Person
LOWER COURT JURISDICTION : Local Court
LOWER COURT JUDICIAL OFFICER : Baptie LCM
THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
HOEBEN J
Thursday, 22 September, 2005
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