Roads and Maritime Services v Mainey [2012] NSWSC 442

Supreme Court New South Wales

Medium Neutral Citation: Roads and Maritime Services v Mainey [2012] NSWSC 442 Hearing dates: 03/05/2012 Decision date: 03 May 2012 Before: Garling J Decision: 1. Order that the decision of the Local Court of New South Wales at Gosford on 3 November 2011 to dismiss proceedings in respect of Court Attendance Notice numbered 1118863 issued by Tina Whyte to Richard Mainey on 6 July 2011 alleging a contravention of s 136 of the Road Transport (General) Act 2005 be set aside. 2. The decision of the Local Court of New South Wales at Gosford on 3 November 2011 ordering the prosecutor to pay the defendant's costs be set aside. 3. Order that the proceedings be remitted to the Local Court of New South Wales to be determined in accordance with law. 4. No order for costs of the proceedings in this Court. Catchwords: TRAFFIC LAW – Section 136 Road Transport (General) Act 2005 - Traffic sign – Whether sign to enter heavy vehicle weighing station constituted direction to stop - Similar to "divert to" in regulation – Regulation valid – Allow appeal from magistrate's decision to dismiss charge Legislation Cited: Crimes (Appeals and Review) Act 2001 Road Transport (General) Act 2005 Road Transport (Mass, Loading and Access) Regulation 2005 Category: Principal judgment Parties: Roads and Maritime Services (plaintiff) Richard Mainey (defendant) Representation: T Lynch (plaintiff) Submitting appearance (defendant) Hunt & Hunt (plaintiff) Spencer Lawyers (defendant) File Number(s): 2011/362835