NSW Caselaw
New South Wales Supreme Court
CITATION : BROWN v. RTA [2004] NSWSC 494 HEARING DATE(S) : 19/04/04; 29/04/04 JUDGMENT DATE : 29 April 2004 JURISDICTION: Common Law JUDGMENT OF : Greg James J at 1 DECISION : Summons dismissed; no order for costs either of the summons or on the motion.
CATCHWORDS : Traffic law - summons for declaration of entitlement under driver points suspension scheme - suspension automatic effect of loss of points - no acquired right of immunity preventing suspension effect - no power to stay suspension by consent or order of court. Road Transport (Driver Licence) Amendment (Demerit Points) Regulation 2002 Road Transport (Driver Licence) Act 1998 LEGISLATION CITED : Road Transport (Driver Licence) Regulation 1999 Interpretation Act 1987 Landlord & Tenant (Amendment) Act 1948 RTA v. Wilson [2003] NSWCA 279 RTA v. Weir [2004] NSWSC 154 Matheson v. Burton (1990) 170 CLR 1 CASES CITED : Whan v. McConaghy (1984) 153 CLR 631 Wilde & Anor v. Australian Trade Equipment Co. Pty. Limited (1981) 145 CLR 590 NSWCC v. Chen & Ors (Howie, J., unreported 4 May 2001) Logwon Pty. Limited v. Warringah Shire Council (1993) 33 NSWLR 13 PARTIES : BROWN, Leigh Robert v. ROADS & TRAFFIC AUTHORITY FILE NUMBER(S) : SC No. 30116 of 2003 COUNSEL : Plaintiff: J. Griffiths, SC. Defendant: T. Lynch SOLICITORS : Plaintiff: Minter Ellison Defendant: Hunt & Hunt
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