NSW Caselaw
New South Wales Supreme Court
CITATION : RTA of NSW v Jara Transport Pty Limited [2005] NSWSC 1021
HEARING DATE(S) : 29/09/2005
JUDGMENT DATE : 12 October 2005
JUDGMENT OF : Hoeben J at 1
DECISION : Order of Local Court Magistrate set aside. Matter remitted to Local Court for hearing.
CATCHWORDS : Production of documents and information - meaning of "produce" as used in s21 Road Transport (General) Act 1999 and cl 63 Road Transport (Safety and Traffic Management) (Driver Fatigue) Regulation 1999 - whether failure to produce documents and information is offence of strict liability or absolute liability - whether Proudman v Dayman "defence" available.
Crimes (Local Courts Appeal and Review) Act 2001 LEGISLATION CITED : Road Transport (General) Act 1999 Road Transport (Safety and Traffic Management) (Driver Fatigue) Regulation 1999
Button v Evans (1984) 3 NSWLR 191 Environment Protection Authority v N (1992) 26 NSWLR 352 CASES CITED : Hawthorne (Department of Health) v Morcam Pty Limited (1992) 29 NSWLR 120 Proudman v Dayman (1963) 67 CLR 536 at 541 SRA of NSW v Hunter Water Board (1992) 28 NSWLR 721
Roads and Traffic Authority of NSW - Plaintiff PARTIES : Jara Transport Pty Limited - Defendant
FILE NUMBER(S) : SC 12502/2005
Mr T Lynch - Plaintiff COUNSEL : Ms R Toor - Director of Defendant Company
Hunt & Hunt - Plaintiff SOLICITORS : Ms R Toor - Director of Defendant Company
LOWER COURT JURISDICTION : Local Court
LOWER COURT JUDICIAL OFFICER : Mr Maloney LCM
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
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