Tay v Director of Public Prosecutions (NSW) [2014] NSWCA 53

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Tay v Director of Public Prosecutions (NSW) [2014] NSWCA 53 Hearing dates: 10 March 2014 Decision date: 10 March 2014 Before: Basten JA Decision: Declare that the effect of the proceedings commenced under s 69 of the Supreme Court Act 1970 in respect of the judgment of the District Court delivered on 21.11.13 is to stay the operation of the order that the appellant, Joseph Tay, is disqualified from holding a driver licence until 4 August 2014. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: ADMINISTRATIVE LAW - traffic offence - disqualification from holding driver licence by order of District Court - proceedings for review in supervisory jurisdiction - effect of statutory stay - Supreme Court Act 1970 (NSW), s 69C

CRIMINAL LAW - traffic offence - whether disqualification from holding driver licence stayed by application to review judgment and order of District Court - whether order part of a sentence

PRACTICE AND PROCEDURE - effect of statutory stay pending determination of proceedings - declaration of effect of stay - whether interlocutory order Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), ss 63, 68 Justices Act 1902 (NSW), s 127 Supreme Court Act 1970 (NSW), ss 46, 69C Cases Cited: Roads and Traffic Authority v Higginson [2011] NSWCA 151 Category: Interlocutory applications Parties: Joseph Tay (Applicant) Director of Public Prosecutions (NSW) (Respondent) Representation: Counsel: