Assadourian v Roads and Traffic Authority of New South Wales (Northern Region) [2011] NSWSC 1052

Supreme Court New South Wales

Medium Neutral Citation: Assadourian v Roads and Traffic Authority of New South Wales (Northern Region) [2011] NSWSC 1052 Hearing dates: 30/06/2011 Decision date: 09 September 2011 Jurisdiction: Common Law - Administrative Law Before: Rothman J Decision: (i) The question purportedly referred not answered; (ii) Proceedings dismissed; (iii) Costs of these proceedings shall be costs in the cause and abide the outcome of the substantive proceedings before the Administrative Decisions Tribunal; (iv) The parties have liberty, to the extent so advised, to file and serve written submissions within 7 days of the date hereof to the extent that a different order is sought as to the costs of these proceedings. Catchwords: ADMINISTRATIVE LAW - purported reference of a question of law from the Administrative Decisions Tribunal - consent orders for remitter to single judge - doubt expressed as to capacity to remit to single judge by consent - question is a conclusion of fact, not a question of law and is not answered Legislation Cited: Administrative Decisions Tribunal Act 1997 Civil Procedure Act 2005 Supreme Court Act 1970 Tow Truck Industry Act 1998 Uniform Civil Procedure Rules 2005 Workers' Compensation Act 1946 (VIC) Cases Cited: Actors and Announcers Equity Association of Australia v Fontana Films Pty Ltd [1982] HCA 23; (1982) 150 CLR 169 Australian Gaslight Co v Valuer-General (1940) SR (NSW) 126 B & L Linings Pty Limited v Chief Commissioner of State Revenue [2008] NSWCA 187 Collector of Customs v Agfa Gevaert Ltd [1996] HCA 36; (1996) 186 CLR 389 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Edyp & Ors v Brazbuild Pty Ltd [2011] NSWCA 218 Fairway Estates Pty Ltd v Federal Commissioner of Taxation [1970] HCA 29; (1970) 123 CLR 153 Gordian Runoff Limited v Westport Insurance Corporation [2010] NSWCA 57 Hope v Bathurst City Council [1980] HCA 16; (1980) 144 CLR 1 Humberstone v Northern Timber Mills [1949] HCA 49; (1949) 79 CLR 389 Hungier v Grace [1972] HCA 42; (1972) 127 CLR 210 Hyde v Sullivan (1956) SR (NSW) 113 JS McMillan Pty Ltd & Ors v Commonwealth of Australia [1997] FCA 619; (1997) 77 FCR 337 Kirk v Industrial Relations Commission [2010] HCA 1; (2010) 239 CLR 531 L&B Linings Pty Ltd v WorkCover Authority of New South Wales [2011] NSWSC 474 Muldoon v Church of England [2011] NSWSC 772 NT Power Generation Pty Ltd v Power and Water Authority [2004] HCA 48; (2004) 219 CLR 90 Ormwave Pty Limited v Smith [2007] NSWCA 210; (2007) 5 DDCR 180 Re Griffin; Ex Parte Board of Trade (1890) 60 LJQB 235 Rockcote Enterprises Pty Ltd v FS Architects Pty Ltd; Carelli v FS Architects Pty Ltd [2008] NSWCA 39 Vitaz v Westform [2011] NSWCA 254 Category: Principal judgment Parties: John Assadourian (First Plaintiff) Towman Pty Ltd (Second Plaintiff) Roads and Traffic Authority of New South Wales (Northern Region) (Defendant) Representation: Counsel: