Western Freight Management Pty Ltd v Roads and Maritime Services, New South Wales [2014] NSWCA 132

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Western Freight Management Pty Ltd v Roads and Maritime Services, New South Wales [2014] NSWCA 132 Hearing dates: 20 March 2014 Decision date: 22 April 2014 Before: McColl JA at [1], Basten JA at [25], Leeming JA at [56] Decision: Dismiss the application for leave to appeal with costs [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: APPEAL - whether applicant identified ground of appeal involving a question of law - s 52 Crimes (Appeal and Review) Act 2001 (NSW)

CRIMINAL LAW - substantial risk breach of mass requirement - reasonable steps defence - where loading of vehicle by third party not done in accordance with instructions - where driver failed to inspect after loading - where overloading of axles - - s 56, s 87 Road Transport (General) Act 2005 PROCEDURE - criminal law - whether prosecution obliged to particularise reasonable steps defendant should have taken - applicability of Kirk v Industrial Court (NSW) Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) Occupational Health and Safety Act 1983 (NSW) Road Transport (General) Act 2005 (NSW) Road Transport (Vehicle and Driver Management) Act 2005 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Commissioner of Taxation v Glennan [1999] FCA 297; 90 FCR 538 Crampton v R [2000] HCA 60; (2000) 206 CLR Fingleton v R [2005] HCA 34; (2005) 227 CLR 166 Gipp v R [1998] HCA 21; (1998) 194 CLR 106 Gordian Runoff Ltd v Westport Insurance Corporation [2010] NSWCA 57; (2010) 267 ALR 74 Haddad v Chief Commissioner of State Revenue [2014] NSWCA 23 John L Pty Ltd v Attorney-General (NSW) [1987] HCA 42; 163 CLR 508 Johnson v Miller [1937] HCA 77; (1937) 59 CLR 467 Kirk v Industrial Court (NSW) [2010] HCA 1; (2010) 239 CLR 531 Pham v NRMA Insurance Ltd [2014] NSWCA 22 R v Nelson Group Services (Maintenance) Ltd [1998] 4 All ER 331; [1999] 1 WLR 1526 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam [2003] HCA 6; 214 CLR 1 Skalkos v T & S Recoveries Pty Ltd [2004] FCAFC 321; 141 FCR 107 Category: Principal judgment Parties: Western Freight Management Pty Ltd - Applicant Roads and Maritime Services, New South Wales - Respondent Representation: Counsel: G J Hatcher SC with S R Coleman - Applicant J Agius SC with M Cahill - Respondent Solicitors: King Christopher and Associates - Applicant Sparke Helmore Lawyers - Respondent File Number(s): CA 2013/292467 Publication restriction: No Decision under appeal Citation: Western Freight Management Pty Ltd v Roads and Maritime Services, New South Wales [2013] NSWSC 1123; (2013) 64 MVR 415 Date of Decision: 2013-08-30 00:00:00 Before: Davies J File Number(s): SC 2013/16885