NSW Caselaw
New South Wales Supreme Court
CITATION : The Roads and Traffic Authority of NSW v Lian [2009] NSWSC 146
HEARING DATE(S) : 6 March 2009
JUDGMENT DATE : 16 March 2009
JUDGMENT OF : Price J at 1
DECISION : 1. The appeal is upheld. 2. The decision of the Local Court at Burwood, constituted by Pierce LCM on 15 July 2008 dismissing a Court Attendance Notice issued to David Yin Wei Lian on 12 March 2008 be set aside. 3. The matter be remitted to the Local Court to resume the hearing of the matter in the Court Attendance Notice according to law. 4. No order as to costs.
CATCHWORDS : Traffic law - appeal from Local Court - speed camera - school zone - elements of offence
Australian Road Rules r 20, r 23, r 23(2)(a) Crimes (Local Courts Appeal and Review) Act 2001 s 56(1)(c) Criminal Code (Cth) s 9.2 LEGISLATION CITED : Road Transport (General) Act 2005 s 46, s 47(5) Road Transport (General) Regulation r 167 Road Transport (Driver Licensing) Regulation Road Transport (Safety and Traffic Management) Act s 34, s 47(3)(c), s 47(5)
CATEGORY : Principal judgment
CASES CITED : Roads and Traffic Authority of New South Wales v Hugh [2008] NSWSC 1426
PARTIES : The Roads and Traffic Authority of New South Wales David Yin Wei Lian
FILE NUMBER(S) : SC 2008/15151
COUNSEL : Mr T Lynch (Applicant) Submitting appearance (Respondent)
LOWER COURT JURISDICTION : Local Court
LOWER COURT JUDICIAL OFFICER : Pierce LCM
LOWER COURT DATE OF DECISION : 15 July 2008
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate