ROADS & TRAFFIC AUTHORITY OF NEW SOUTH WALES v GRAINCORP OPERATIONS LIMITED [2009] NSWSC 1204

New South Wales Supreme Court

CITATION : ROADS & TRAFFIC AUTHORITY OF NEW SOUTH WALES v GRAINCORP OPERATIONS LIMITED [2009] NSWSC 1204 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 20, 21 May 2009

JUDGMENT DATE : 12 November 2009

JURISDICTION : Common Law

JUDGMENT OF : Hall J at 1

DECISION : The appeal is dismissed.

CATCHWORDS : STATUTORY OFFENCES – offence under s 58(3) Road Transport (General) Act 2005 – defendant was a consignee of grain – specified loads delivered to the defendant's depots were in breach of a mass requirement – the defendant was charged on the basis that failed to take steps to turn vehicles away which constituted conduct that was likely to induce others to breach the mass requirement – charges dismissed in the Local Court – appeal to Supreme Court on ground involving a question of law alone – whether the Magistrate misapplied the provisions of s.58(3)(b) and (c) – whether the Magistrate erred in treating the defendant's policy as the relevant conduct under s.58(3)(b) – whether the Magistrate misconstrued the element of negligence under s.58(3)(c) – the Magistrate was entitled to take into account the factual context, including the defendant's policy, in determining the relevant conduct and inducement under s.58(3)(b) – negligence in s.58(3)(c) is not limited to reasonable foreseeability but extends to proof of breach of the standard of care – no error involving a question of law established – appeal dismissed

Crimes (Appeal and Review) Act 2001 Environmental Offences and Penalties Act 1989 Evidence Act 1995 LEGISLATION CITED : Fair Trading Act 1987 Road Transport (General) Act 2005 Road Transport (Mass, Loading and Access) Regulation 2005 Trade Practices Act 1974 (Cth) Workplace Relations Act