Kemp v KGB Protective Coating Pty Ltd [2013] NSWSC 964

Supreme Court New South Wales

Medium Neutral Citation: Kemp v KGB Protective Coating Pty Ltd [2013] NSWSC 964 Hearing dates: 12 July 2013 Decision date: 18 July 2013 Jurisdiction: Common Law Before: Schmidt J Decision: The prosecutor established a prima facie case that KGB Protective Coating Pty Ltd had committed the offence alleged and accordingly the orders sought under s 246 of the Criminal Procedure Act were made. Catchwords: CRIMINAL LAW - procedure - prosecution - s 246 of the Criminal Procedure Act 1986 - offence under s 53(1) of the Road Transport (General) Act 2005 - prima facie case established - consignor of goods - orders made Legislation Cited: Criminal Procedure Act 1986 Road Transport (General) Act 2005 Road Transport (Mass, Loading and Access) Regulation 2005 Category: Procedural and other rulings Parties: Peter Stewart Kemp (Prosecutor) KGB Protective Coating Pty Ltd (Defendant) Representation: Solicitors: Ms A Bonnar I.V. Knight, Crown Solicitor (Prosecutor) No appearance for the Defendant File Number(s): 2013/212122 Publication restriction: None

Judgment 1These proceedings were commenced by summons filed on 12 July 2013 by the prosecutor, Peter Stewart Kemp. Thereby an order under s 246 of the Criminal Procedure Act 1986 that the defendant, KGB Protective Coating Pty Ltd, be brought before a judge of this Court to answer a charge under s 53(1) of the Road Transport (General) Act 2005 was sought. 2The prosecutor, a senior investigator in the Investigation and Enforcement Unit of the Roads and Maritime Services (RMS), relied on an affidavit he had sworn on 11 July 2013, to which was annexed various documents, to support the application. 3When the proceedings came before me, sitting as duty judge, on 12 July 2013, I made orders in terms sought in the summons. My reasons for making those orders follow.