RTA v LOVE [2011] NSWSC 987

Supreme Court New South Wales

Medium Neutral Citation: RTA v LOVE [2011] NSWSC 987 Hearing dates: 21 February 2011 Decision date: 31 August 2011 Jurisdiction: Common Law Before: RS Hulme J Decision: (i) The Appeals be allowed. (ii) The determination of Magistrate Prowse on 18 May 2010 in Local Court proceedings 2009/285677 to disallow the decision of the Roads and Traffic Authority to cancel Colin Alexander Love's Examiner's Authority be set aside. (iii)The determination of Magistrate Prowse on 18 May 2010 in Local Court proceedings 2009/285703 to disallow the decision of the Roads and Traffic Authority to suspend the Authority of Owen Wellington Love, Lloyd Charles Love, Bruce Owen Love and Colin Alexander Love, trading as Quirindi Engineering to operate an Authorised Inspection Station be set aside. (iv) The order of Magistrate Prowse on 18 May 2010 made in Local Court proceedings 2009/ 285677 and 2009/285703 that the RTA pay Colin Love and Quirindi Engineering the sum of $16,470.50 be set aside. (v) That the Defendants pay the Plaintiff's costs of the proceedings in this Court. The fourth of these orders was not expressly sought in the Amended Summons and there was no argument concerning it or the topic of costs. In that situation, I will stay those two orders up to and including 21 October next and give the parties liberty to apply by written notice to the other and to my Associate, returnable before me in the week commencing 17 October 2011 to have those orders vacated. Subsequent to the making of the above orders and publishing reasons the orders and reasons were supplemented - see paragraphs 42 and 43. I order that the Local Court differently constituted herein determine the applications the subject of Local Court proceedings 2009/285677 and 2009/285703 according to law Catchwords: Administrative Law - error of law - no question of principle Legislation Cited: Local Court Act 2007, s 70 - Crimes (Appeal and Review) Act 2001, s 56 - Road Transport (Vehicle Registration) Act 1997 (NSW) - Road Transport (Vehicle Registration) Regulation 2007 - Road Transport (General) Regulation 2005 Category: Principal judgment Parties: Roads & Traffic Authority of New South Wales Colin Alexander Love Representation: T Lynch PJ O'Connor Hunt & Hunt Lyons Barnett Kennedy File Number(s): 2010/290666