RTA v Westgate Logistics Pty Ltd [2007] NSWSC 537

New South Wales Supreme Court

CITATION : RTA v Westgate Logistics Pty Ltd [2007] NSWSC 537

HEARING DATE(S) : 25/05/2007

JUDGMENT DATE : 31 May 2007

JUDGMENT OF : Associate Justice Malpass

DECISION : The order of dismissal made by the Local Court on 26 October 2006 is set aside. The matter is remitted back to the Local Court for determination according to law. The defendant is to pay the costs of the proceedings. If so entitled, it is to have a certificate under the Suitor's Fund Act.

CATCHWORDS : Reasonable steps defence to overloading offence - construction of statutory provisions - misdirection and evidentiary requirements

LEGISLATION CITED : Road Transport (General) Act 2005 (NSW)

PARTIES : The Roads and Traffic Authority of New South Wales Westgate Logistics Pty Ltd

FILE NUMBER(S) : SC 16112/06

COUNSEL : Mr T. Lynch (Pl) Mr G. J. Grogin (Def)

SOLICITORS : Hunt & Hunt (Pl) Norton White Lawyers (Def)

LOWER COURT JURISDICTION : Local Court

LOWER COURT FILE NUMBER(S) : N/A

LOWER COURT JUDICIAL OFFICER : Longley LCM

LOWER COURT DATE OF DECISION : 20/10/2006

LOWER COURT MEDIUM NEUTRAL CITATION : RTA v Westgate Logistics

- 10 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

ASSOCIATE JUSTICE MALPASS

16112/06 The Roads & Traffic Authority of New South Wales v Westgate Logistics Pty Ltd

JUDGMENT 1 HIS HONOUR: The plaintiff commenced proceedings in the Local Court by Court Attendance Notice (the Notice). The alleged offence was described therein as:- " Description of Offence: The defendant was the Operator of NSW registered vehicle ZBG231 which did not comply with the mass requirements of a vehicle or combination on a road or road related area under s56 of the Road Transport (General) Act 2005."