Roads and Maritime Services v Khan [2013] NSWSC 331

Supreme Court New South Wales

Medium Neutral Citation: Roads and Maritime Services v Khan [2013] NSWSC 331 Hearing dates: 27/03/2013 Decision date: 12 April 2013 Before: Fullerton J Decision: 1. The appeal is allowed. 2. The order of the Local Court made on 18 June 2012 to disallow the refusal of an examiner's authority to the defendant is set aside. 3. The Local Court (differently constituted) is to resume the hearing of the defendant's application and determine it according to law on an expedited basis. 4. No order as to costs. Catchwords: APPEAL FROM LOCAL COURT - appeal by defendant against plaintiff's refusal to grant defendant an examiner's authority under the Road Transport (Vehicle Registration) Regulation - failure to afford plaintiff procedural fairness - failure to provide adequate reasons Legislation Cited: Local Court Act 2007 Road Transport (General) Regulation 2005 Road Transport (Vehicle Registration) Regulation 2007 Cases Cited: Director of Public Prosecutions (NSW) v Elias [2013] NSWSC 28 Reisner v Bratt & Anor [2004] NSWCA 22 Category: Principal judgment Parties: Roads and Maritime Services (Plaintiff) Michael Mahmood Khan (Defendant) Representation: Counsel: T Lynch (Plaintiff) N Touma (Solicitor - Defendant) Solicitors: Hunt & Hunt (Plaintiff) Lionheart Lawyers (Defendant) File Number(s): 2012/268171 Decision under appeal Date of Decision: 2012-06-18 00:00:00 Before: Coombs LCM