Kosseris v RTA of NSW [2006] NSWSC 551

New South Wales Supreme Court

CITATION : Kosseris v RTA of NSW [2006] NSWSC 551 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 24/05/2006 JUDGMENT OF : McDougall J at 1

EX TEMPORE JUDGMENT DATE : 05/24/2006

DECISION : See paras [46] - [52] of judgment

CATCHWORDS : COMMON LAW - STATUTORY CONSTRUCTION - Road Transport (Driver Licensing) Act 1998 - whether suspension of driver's licence under s 33(1) has the effect that demerit points incurred pursuant to s 15 for the relevant offence are "taken to be deleted" by s 16(7) - whether such demerit points available to found subsequent suspension under s 16

LEGISLATION CITED : Acts Interpretation Act 1901 (Cth) The Road Transport (Driver Licensing) Act 1998

PARTIES : Anthony John Kosseris (Plaintiff) Roads & Traffic Authority of New South Wales (Defendant)

FILE NUMBER(S) : SC 30107/05

COUNSEL : J E Rowe (Plaintiff) N Perram (Defendant)

SOLICITORS : Norman Waterhouse (Plaintiff) I V Knight, Crown Solicitor (Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION ADMINISTRATIVE LAW LIST

McDOUGALL J

Wednesday 24 May 2006 Ex tempore (revised 25 May 2006)

30107/05 ANTHONY JOHN KOSSERIS v ROADS & TRAFFIC AUTHORITY OF NEW SOUTH WALES JUDGMENT 1 McDOUGALL J: The Road Transport (Driver Licensing) Act 1998 (the Act) provides, among other things, for the issue, suspension and cancellation of drivers' licences. Licences may be suspended under s 16 if sufficient "demerit points" for various prescribed offences are incurred. With some limited exceptions the s 16 scheme is automatic. Licences may also be suspended or cancelled under s 33 for certain speeding offences. Action under s 33 is at the discretion of the defendant (the RTA). In some cases, a speeding offence will result in both the incurring of demerit points for the purposes of s 16 and suspension under s 33. The question for decision is whether, in those circumstances, the demerit points for the offence are, in effect, wiped out by the s 33 suspension.