DPP (NSW) v Hudson [2006] NSWSC 436

Reported Decision : 67 NSWLR 250

New South Wales Supreme Court

CITATION : DPP (NSW) v Hudson [2006] NSWSC 436

HEARING DATE(S) : 24 April 2006

JUDGMENT DATE : 28 April 2006

JURISDICTION : Common Law Division

JUDGMENT OF : Studdert J

DECISION : 1. An order as sought in para 1 of the summons. 2. An order remitting the matter to the Local Court to be dealt with according to law. 3. An order that the respondent pay the plaintiff's costs on the summons. The respondent is, however, to have a certificate under the Suitors Fund Act in relation to the costs of the appeal.

Fines Act LEGISLATION CITED : Road Transport (General) Act Suitors Fund Act

Lansdell v O'Brien (1995) 22 MVR 341 CASES CITED : Taylor v Hutchings (1997) 25 MVR 559 Valentine v Eid (1992) 27 NSWLR 615

PARTIES : Director of Public Prosecutions (New South Wales) (Plaintiff) Robert Lee Hudson (Respondent)

FILE NUMBER(S) : SC 2006/10239

COUNSEL : G. Rowling (Plaintiff) A. Radojev (Respondent)

SOLICITORS : Office of Director of Public Prosecutions (Plaintiff)

LOWER COURT JURISDICTION : Local Court

LOWER COURT JUDICIAL OFFICER : P. Russell

LOWER COURT DATE OF DECISION : 09/27/2005

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

STUDDERT J

Friday 28 April 2006

2006/10239 DIRECTOR OF PUBLIC PROSECUTIONS (NEW SOUTH WALES) v ROBERT LEE HUDSON

JUDGMENT

1 HIS HONOUR: The Director of Public Prosecutions has applied to this Court by way of summons for an order setting aside an order of the Queanbeyan Local Court. On 27 September 2005 the Local Court dismissed proceedings against the respondent to this summons, Robert Lee Hudson, who was charged with driving whilst his licence was suspended.