Roads and Traffic Authority of NSW v Higginson [2011] NSWCA 151

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Roads and Traffic Authority of NSW v Higginson [2011] NSWCA 151 Hearing dates: 31 May 2011 Decision date: 20 June 2011 Before: Giles JA at [1]; Basten JA at [30]; Young JA at [74] Decision: (1) In respect of the orders made by Ellis DCJ in the District Court at Gosford on 26 July 2010, set aside so much of the disqualification order as specified the date of termination of the disqualification, namely the words "to 7 June 2011". (2) Otherwise dismiss the summons. (3) Order the applicant to pay the first respondent's costs of the summons in this Court. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PROCEDURE- judicial review- standing- whether a non-party to lower court criminal proceedings has standing to seek judicial review- Supreme Court Act 1970 s 69- broad standing to seek certiorari- declarations inconsistent with a lower court decision with regards to sentencing should not be made without disturbing the lower court order.

JURISDICTION- District Court orders on appeal from Local Court- District Court judge's order stands in place of magistrate's if sentence is varied- powers of DCJ are the same as those of the magistrate- "noting" date of expiry of disqualification period formed part of DCJ's order.