Roads and Traffic Authority of NSW v Birchfield; Roads and Traffic Authority of NSW v Dunlop [2010] NSWSC 1253

New South Wales Supreme Court

CITATION : Roads and Traffic Authority of NSW v Birchfield; Roads and Traffic Authority of NSW v Dunlop [2010] NSWSC 1253

HEARING DATE(S) : 28 October 2010

JUDGMENT DATE : 29 November 2010

JURISDICTION : COMMON LAW

JUDGMENT OF : Davies J

DECISION : (1) The summons is dismissed. (2) The Plaintiff is to pay the Defendants' costs of the proceedings.

CATCHWORDS : TRAFFIC LAW - regulation of traffic - traffic signs and notices - offences - Road Rules - whether signs made in accordance with Road Rule 105 - whether traffic signs amounted to instruments - whether traffic signs should be read down to be within the power of the Rules - appeal from Magistrate's decision dismissing charges - necessity for strict or substantial compliance of signs to Road Rules.

Acts Interpretation Act 1901 (Cth) Evidence Act 1995 LEGISLATION CITED : Interpretation Act 1987 Mining Act 1992 Road Rules 2008 Road Transport (Safety and Traffic Management) Act 1999

CATEGORY : Principal judgment

Bank of NSW v Commonwealth (1948) 76 CLR 1 Caroona Coal Action Group Inc v Coal Mines Australia Pty Ltd and Minister for Mineral Resources (No 2) (2010) 172 LGERA 25 CASES CITED : O'Sullivan v Watson (1986) 7 NSWLR 693 Pidoto v State of Victoria (1943) 68 CLR 87 R v James Henry Ryman (unreported - NSW District Court, Judge Ellis – 12 March 2010)

Halsbury's Laws of England (4th ed, 2007) TEXTS CITED : Oxford English Dictionary (2nd ed, 1989) Stroud's Judicial Dictionary Of Words And Phrases (7th ed, 2006)