RTA v Macri [2009] NSWSC 15

New South Wales Supreme Court

CITATION : RTA v Macri [2009] NSWSC 15

HEARING DATE(S) : 2 February 2009

JUDGMENT DATE : 2 February 2009

JUDGMENT OF : Price J at 1

EX TEMPORE JUDGMENT DATE : 2 February 2009

DECISION : 1. That the decision of Huber LCM on 30 June 2008 to dismiss a court attendance notice issued by Fiona Spencer to Vincent Raymond Macri on 6 February 2008 be set aside. 2. The matter is remitted to the Local Court for further hearing according to law. I make no order as to costs. However, the defendant is to be granted a certificate under s 6 of the Suitors Fund Act if otherwise entitled to such a certificate.

CATCHWORDS : Crown appeal - consideration of s 92 of the Road Transport (General) Act - use of vehicle at the relevant time - scope of employment or agency.

LEGISLATION CITED : Road Transport (General) Act 2005 s 56, s 92, s 92(1) Suitors Fund Act 1951 s 6

CATEGORY : Principal judgment

PARTIES : The Roads and Traffic Authority of New South Wales Raymond Vincent Macri

FILE NUMBER(S) : SC 14292/08

COUNSEL : Mr T Lynch (plaintiff) Mr B Vasic (defendant)

LOWER COURT JURISDICTION : Local Court

LOWER COURT JUDICIAL OFFICER : Huber LCM

LOWER COURT DATE OF DECISION : 30 June 2008

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

PRICE J

2 February 2009

14292/08 THE ROADS AND TRAFFIC AUTHORITY OF NEW SOUTH WALES v RAYMOND VINCENT MACRI

EX TEMPORE JUDGMENT

1 HIS HONOUR: By an amended summons dated 2 February 2009, the Roads and Traffic Authority of New South Wales seeks the following orders: 1. The decision of the Local Court at the Downing Centre Local Court constituted by Huber LCM on 30 June 2008 to dismiss a court attendance notice (CAN) issued by Fiona Spencer to Vincent Raymond Macri on 6 February 2007 (sic) be set aside. 2. The Local Court resume the hearing of the matter in the CAN according to law. 3. Such further orders as the court finds just and expedient. 2 As I understand it, no order as to costs is sought.