Roads and Maritime Services v Addario [2012] NSWCA 412

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Roads and Maritime Services v Addario [2012] NSWCA 412 Hearing dates: 27 September 2012 Decision date: 13 December 2012 Before: Beazley JA at [1]; Campbell JA at [46]; Tobias AJA at [54] Decision: 1. Leave to appeal granted upon condition that the appellant discontinue proceedings against the respondent in Local Court proceedings 421/10 filed in the Local Court at Burwood; 2. Appeal allowed; 3. Set aside the orders of the Supreme Court made 21 December 2011; 4. Set aside the order made in the Local Court at Burwood on 6 September 2010 dismissing the prosecution in proceedings 421/10; 5. Order that the appellant pay the costs of the respondent of the appeal proceedings in the Supreme Court and to further pay the respondent's costs of this appeal. [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: TRAFFIC LAW - Speeding offence - Approved camera recording device - Evidence adduced by respondent contradicting time recorded by camera - Whether non-expert evidence admissible to challenge accuracy, reliability or proper operation of camera recording device - Respondent's evidence not sufficient to raise a doubt within meaning of s 73A of Act - Respondent's evidence otherwise admissible in defence of prosecution - Road Transport (Safety and Traffic Management) Act 1999, ss 47, 73A.