Western Freight Management Pty Limited v Roads and Maritime Services (No 2) [2013] NSWSC 882

Supreme Court New South Wales

Medium Neutral Citation: Western Freight Management Pty Limited v Roads and Maritime Services (No 2) [2013] NSWSC 882 Hearing dates: 30/05/2013 Decision date: 04 July 2013 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) Roads and Maritime Services' notice of motion filed 8 April 2013 is dismissed. (2) Roads and Maritime Services is to pay the costs of this motion. Catchwords: PRACTICE AND PROCEDURE - application to set aside orders - whether court has statutory power to entertain application - whether court has inherent jurisdiction - should inherent power be exercised - conduct of proceedings - whether sufficient evidence available for decision at first instance Legislation Cited: Civil Procedure Act 2005 Crimes (Appeal and Review) Act 2001 Crimes (Appeal and Review) Amendment (Double Jeopardy) Act 2006 Crimes (Local Courts Appeal and Review) Act 2001 Roads Act 1993 Road Transport (General) Act 2005 Supreme Court Act 1970 Supreme Court Rules 1970 Uniform Civil Procedure Rules 2005 Cases Cited: Autodesk Inc v Dyason (No 2) [1993] HCA 6; (1992-1993) 176 CLR 300 Burrell v R [2008] HCA 34 Cameron v Cole [1944] HCA 5 DJL v Central Authority [2000] HCA 17; (2000) 201 CLR 226 D'Orta-Ekenaike v Victoria Legal Aid [2005] HCA 12; (2005) 223 CLR 1 Hoskins v Van Den-Braak [1998] 43 NSWLR 290 RTA v Macri [2009] NSWSC 15 John Tillman v Daromin Engineering Pty Ltd (NSWSC, unreported, 6 November 2000, Dowd J) Western Freight Management Pty Ltd v Roads and Maritime Services, New South Wales [2013] NSWSC 260 Category: Procedural and other rulings 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