Roads and Traffic Authority of New South Wales v Tetley [2004] NSWSC 925

New South Wales Supreme Court

CITATION : Roads and Traffic Authority of New South Wales v Tetley [2004] NSWSC 925 HEARING DATE(S) : 21 September 2004 JUDGMENT DATE : 8 October 2004 JURISDICTION: Common Law Division JUDGMENT OF : Windeyer J at 1 DECISION : Appeal upheld

CATCHWORDS : EVIDENCE - whether duplicates of driver logbooks and computer-generated Journey Report produced pursuant to Notice to Produce during RTA audit of defendant, admissible - where RTA prosecution depends on establishing falsity of duplicates through reference to Journey Report - where relevant documents ruled inadmissible by Magistrate on basis logbook duplicates part of Vehicle Movement Record (VMR) and therefore inadmissible in criminal proceedings (s 147(3)), and Journey Report inadmissible on basis of irrelevance - whether evidence supports Magistrate finding duplicates on removal from logbook became a part of the VMR, and therefore inadmissible under s 69 of Road Transport (Safety and Traffic Management Act - whether logbook duplicates admissible as business records under exception to hearsay rule pursuant s 69 Evidence Act - whether Journey Report relevant to issue in proceedings - whether Ocean Marine Mutual Insurance v Jetopay authority for the proposition that in considering questions of admissibility under s 147, a document may not be examined pursuant to s 183 if objection is taken to it - whether Journey Report part of VMR and inadmissible pursuant to s 147(3) as related to, or leading to, criminal proceeding - whether defendant/respondent under obligation to maintain VMR on vehicle registered outside NSW - whether computer-generated data in Journey Report constitutes in effect a VMR. - APPEALS - Appeal from decision of Magistrate rejecting evidence Evidence Act 1995, s49, s69, s146, s147, s183 Motor Traffic Regulations 1935, cl126N Road Transport (General) Act 1999 LEGISLATION CITED : Road Transport (Safety & Traffic Management) (Driver Fatigue) Regulations 1999, cl 49, 61,69, 79 Road Transport (Safety & Traffic Management) Act 1999, s59, s63 Road Transport (Vehicle Registration) Regulation 1998. Traffic Act 1909, s10O, Part 3A CASES CITED : Campbell v Hitchcock [2003] NSWIRComm 148 Ocean Marine Mutual Insurance Association (Europe) OV v Jetopay Pty Ltd (2000) 120 FCR 146 PARTIES : Roads and Traffic Authority of New South Wales (Appellant) Anthony John Tetley (Respondent) FILE NUMBER(S) : SC 11740/04 COUNSEL : Mr T Lynch (Appellant) Mr B J Salmon QC with him Mr P A Walker (Respondent) SOLICITORS : Hunt & Hunts (Appellant) J S O'Connor Harris & Co (Respondent)