Viavattene v Tweed Shire Council & Anor [2013] NSWSC 838

Supreme Court New South Wales

Medium Neutral Citation: Viavattene v Tweed Shire Council & Anor [2013] NSWSC 838 Hearing dates: 12 June 2013 Decision date: 28 June 2013 Before: Barr AJ Decision: 1. Extend the time within which the plaintiff may apply for leave to appeal to the day on which his summons was filed. 2. Grant leave to appeal. 3. Set aside the convictions, fines and costs orders resulting from the first and second infringement notices and remit the matter to the Local Court sitting at Murwillumbah for redetermination in accordance with these directions. 4. Set aside the convictions resulting from the fourth and seventh infringement notices. 5. Dismiss the appeal against the convictions resulting from the third, fifth, sixth, eighth and ninth infringement notices. 6. Set aside the fines and costs orders resulting from the third, fifth, sixth, eighth and ninth infringement notices and remit the matter to the Local Court sitting at Murwillumbah for redetermination in accordance with these directions. Catchwords: APPEAL- appeal from Local Court- extension of time- application for leave- appeal allowed in part- matters remitted to Local Court Legislation Cited: Crimes (Appeal and Review) Act 2001 Criminal Procedure Act 1986 Roads Regulation 2008 Cases Cited: Attorney General in for the State of New South Wales v Viavattene [2013] NSWSC 453 Category: Principal judgment Parties: Peter Viavattene (Plaintiff) Tweed Shire Council (First Defendant) Local Court of NSW (Second Defendant) Representation: Counsel: Self-Represented (Plaintiff) J Johnson (First Defendant) Solicitors: Self-Represented (In Person) HWL Ebsworth (First Defendant) File Number(s): 2013/128941 Decision under appeal Date of Decision: 2011-12-19 00:00:00 Before: Magistrate Linden File Number(s): 2011/293341