RTA v Field [2005] NSWSC 606

New South Wales Supreme Court

RTA v Field [2005] NSWSC 606 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 21/06/05

JUDGMENT DATE : 24 June 2005

JURISDICTION : Common Law Division

JUDGMENT OF : Kirby J

DECISION : 1) That the orders of the Local Court at the Downing Centre, 143-147 Liverpool Street, Sydney, made on 23 February 2005 dismissing: (a) the proceedings commenced by the Court Attendance Notice issued by the Plaintiff against the Defendant on 17 June 2004 in respect of a speeding offence alleged to have been committed on 8 March 2004 at Mosman (the 'First CAN'), and (b) the proceedings commenced by the Court Attendance Notice issued by the Plaintiff against the Defendant on 17 June 2004 in respect of a speeding offence alleged to have been committed on 24 March 2004 at Mosman (the 'Second CAN') be set aside; (2) That the Local Court at the Downing Centre resume the hearing of each of the above proceedings and determine each according to law; (3) No order as to costs.

CATCHWORDS : Appeal against decision of Local Court Magistrate - camera speeding offences - reliability of camera and speed measuring devices - statutory scheme to prove reliability - certificates - presumption of continuance - misdirection as to statutory scheme - proper plaintiff.

Road Transport (Safety and Traffic Management) Act 1999 Road Transport (Safety and Traffic Management (Road Rules)) Regulations 1999 LEGISLATION CITED : Road Transport (General) Act 1999 Crimes (Local Courts Appeal and Review) Act 2001 Criminal Procedure Act 1986

Roads & Traffic Authority (Pl) PARTIES : Richard Arthur Osgood Field (Def)