NSW Caselaw
194 A Crim R 151 Reported Decision : 52 MVR 243 [2009] ALMD 4697
New South Wales Supreme Court
CITATION : The Roads and Traffic Authority of New South Wales v O'Reilly & Ors [2009] NSWSC 134
HEARING DATE(S) : 5 March 2009
JUDGMENT DATE : 12 March 2009
JUDGMENT OF : Schmidt AJ
DECISION : 1. The appeals are upheld; the Local Court's orders are set aside and the Local Court is to resume the hearing of each matter. 2. The defendants to pay the plaintiff's costs of these proceedings.
CATCHWORDS : APPEAL - Local Court decision - speeding offences - whether each defendant's mistake as to the applicable speed limit was a mistake of fact or a mistake of law - mistake of law - appeals upheld - orders made - costs
Australian Road Rules LEGISLATION CITED : Crimes (Appeal and Review) Act 2001 Criminal Code Act 1995 (Cth) Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999
CATEGORY : Principal judgment
CASES CITED : Ostrowski v Palmer (2004) 218 CLR 493 Proudman v Dayman (1941) 67 CLR 536
Plaintiff - The Roads and Traffic Authority of New South Wales PARTIES : Defendant in 14267/08 - Raymond Christopher O'Reilly Defendant in 14268/08 - Maxell Zhohthn Yarkin Defendant in 14269/08 - Safwan Nizar Chalak
FILE NUMBER(S) : SC 14267/08; 14268/08; 14269/08
Plaintiff - Mr T Lynch of counsel COUNSEL : Defendant in 14267/08 - Mr O'Reilly in person Defendant in 14268/08 - Mr Yarkin in person No appearance for Mr Chalak
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