Western Freight Management Pty Ltd v Roads and Maritime Services, New South Wales [2013] NSWSC 260

Supreme Court New South Wales

Medium Neutral Citation: Western Freight Management Pty Ltd v Roads and Maritime Services, New South Wales [2013] NSWSC 260 Hearing dates: 11/12/2012 Decision date: 28 March 2013 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that: (1) The time for filing of an appeal from the Local Court is extended to 5 June 2012. (2) The notice of cross appeal filed on 5 June 2012 in these proceedings is to stand as if it were a summons for appeal. (3) The decision of his Honour Magistrate Day dated 19 April 2012 is affirmed. (4) The plaintiff's amended summons filed 6 June 2012 is dismissed. (5) The defendant's summons filed 5 June 2012 is dismissed. (6) Costs are reserved. Catchwords: APPEAL FROM LOCAL COURT - dismissal of prosecution for breach of truck overload offence - whether magistrate erred in finding statutory defence made out - appeal dismissed COSTS - judicial review of magistrate's refusal to award costs to defendant - whether magistrate erred in law - application for judicial review dismissed Legislation Cited: Crimes (Appeal and Review) Act 2001 Local Courts Act 2007 Road Transport (General) Act 2005 Road Transport (Mass, Loading & Access) Regulation 2005 Cases Cited: Craig v State of South Australia [1995] HCA 58; (1995) 184 CLR 163 Deatons v Flew [1949] HCA 60; (1949) 79 CLR 370 O'Brien v Hutchinson [2012] NSWSC 429 Petty v The Queen [1991] HCA 34 RTA v Macri [2009] NSWSC 15 Sprod BNF v Public Relations Oriented Security Pty Limited [2007] NSWCA 319 Category: Principal judgment Parties: Western Freight Management Pty Ltd (Plaintiff) Road and Maritime Services, New South Wales (Defendant) Representation: Counsel: S Coleman (Plaintiff) T Lynch (Defendant) Solicitors: King Christopher & Associates (Plaintiff) Hunt & Hunt (Defendant) File Number(s): 2012/158111 Decision under appeal Date of Decision: 2012-04-19 00:00:00 Before: Day LCM File Number(s): 2012/39019