Roads and Traffic Authority of New South Wales v Tamara O'Sullivan and others [2011] NSWSC 1258

Supreme Court New South Wales

Medium Neutral Citation: Roads and Traffic Authority of New South Wales v Tamara O'Sullivan and others [2011] NSWSC 1258 Hearing dates: 19/10/2011 Decision date: 27 October 2011 Jurisdiction: Common Law Before: James J Decision: 1. An order setting aside the order made by the Local Court of New South Wales sitting at Penrith on 1 April 2011 disqualifying Tamara O'Sullivan from holding a driver licence from 19 February 2011. 2. An order setting aside the order made by the Local Court of New South Wales sitting at Penrith on 1 April 2011 disqualifying Tamara O'Sullivan from holding a driver licence from 19 February 2012. 3. An order that the matters relating to the disqualification of Tamara O'Sullivan from holding a driver licence be remitted to the third defendant for determination according to law. Catchwords: Road transport - driver licensing - Road Transport (General) Act s 188(2)(d) - date from which court ordered disqualification may commence Legislation Cited: Crimes (Sentencing Procedure) Act New South Wales Road Rules 2008 Road Transport (Driver Licencing) Act 1998 Road Transport (Driver Licencing) Regulation Road Transport (General) Act Road Transport (Safety and Traffic Management) Act 1999 Cases Cited: Hei Hei v R (2009) 52 MVR 473, [2009] NSWCCA 87 Roads and Traffic Authority of New South Wales v Higginson [2011] NSWCA 151 Category: Procedural and other rulings Parties: Roads and Traffic Authority of New South Wales Plaintiff Tamara O'Sullivan - First defendant Sergeant Robert Young - Second defendant Local Court of NSW - Third defendant Representation: MA Robinson SC Hunt & Hunt Lawyers - Plaintiff No appearance - First defendant Submitting appearance - Second defendant Submitting appearance - Third defendant File Number(s): 2011/217065