Western Freight Management Pty Ltd v Roads and Maritime Services, New South Wales [2013] NSWSC 1123

Supreme Court New South Wales

Medium Neutral Citation: Western Freight Management Pty Ltd v Roads and Maritime Services, New South Wales [2013] NSWSC 1123 Hearing dates: 16 August 2013 Decision date: 30 August 2013 Jurisdiction: Common Law Before: Davies J Decision: 1. The Amended Summons filed 18 June 2013 is dismissed. 2. The Plaintiff is to pay the Defendant's costs. Catchwords: APPEAL - Local Court - heavy transport loading - breach of mass requirements - reasonable steps defence - whether prosecution obliged to specify steps in Court Attendance Notice - what must be shown to establish defence - whether procedural unfairness - penalty - relevance of penalty in Penalty Notice where defendant elects to have court determine the matter Legislation Cited: Crimes (Appeal and Review) Act 2001 Fines Act 1996 Occupational Health and Safety Act 1983 Road Transport (Vehicle and Driver Management) Act 2005 Cases Cited: Eurobodalla Shire Council v Wheelhouse [2006] NSWLEC 98 House v The King [1936] HCA 40; (1936) 55 CLR 499 Kirk v Industrial Court of New South Wales [2010] HCA 1; (2009) 239 CLR 531 Roads and Traffic Authority of NSW v Time Road Express Pty Ltd [2007] NSWSC 93 The Roads & Traffic Authority of New South Wales v Alto Rural Pty Limited [2007] NSWSC 1123 Category: Principal judgment Parties: Western Freight Management Pty Ltd (Plaintiff) Roads and Maritime Services, New South Wales (Defendant) Representation: Counsel: S Coleman (Plaintiff) M Cahill (Defendant) Solicitors: King Christopher & Associates (Plaintiff) Sparke Helmore Lawyers (Defendant) File Number(s): 2013/16885 Decision under appeal Date of Decision: 2012-12-18 00:00:00 Before: Magistrate Ryan