Tay v Director of Public Prosecutions (NSW) [2014] NSWCA 267

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Tay v Director of Public Prosecutions (NSW) [2014] NSWCA 267 Hearing dates: 29 July 2014 Decision date: 15 August 2014 Before: McColl JA at [1]; Basten JA at [2]; Macfarlan JA at [18] Decision: Summons dismissed 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: ADMINISTRATIVE LAW - judicial review - applicant convicted of two offences of driving whilst licence suspended - whether District Court erred in declining to set aside second conviction - employment and business exigencies did not constitute an excuse for committing the offences - relevance of basis for suspension of driver's licence - no jurisdictional error established

TRAFFIC LAW - licensing of drivers - automatic suspension of driver licence on accrual of demerit points - offence of driving whilst licence suspended - defences of honest mistake and business exigencies rejected by trial court and on appeal - whether jurisdictional error by District Court Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), ss 11, 63 District Court Act 1973 (NSW), s 176 Fines Act 1996 (NSW), s 23A Road Transport (Driver Licensing) Act 1998 (NSW), ss 14, 16, 25A Road Transport (Driver Licensing) Regulation 2008 (NSW), r 78; Sch 1 Road Transport (General) Act 2005 (NSW), ss 179, 230 Road Transport (Safety and Traffic Management) Act 1999 (NSW), s 57 Supreme Court Act 1970 (NSW), s 69, 69C Cases Cited: Kirk v Industrial Court of New South Wales [2010] HCA 1; 239 CLR 531 Roads and Maritime Services v Porret [2014] NSWCA 30 Tay v Director of Public Prosecutions (NSW) [2014] NSWCA 53 Category: Principal judgment Parties: Joseph Tay (Applicant) Director of Public Prosecutions (NSW) (First Respondent) District Court of NSW (Second Respondent) Representation: Counsel: Applicant (Self-represented) A M Mitchelmore (First Respondent) Submitting Appearance (Second Respondent) Solicitors: Applicant (Self-represented) Solicitor for Public Prosecutions (First Respondent) Crown Solicitor's Office (Second Respondent) File Number(s): CA 2013/360431 Decision under appeal Jurisdiction: 9101 Date of Decision: 2013-11-21 00:00:00 Before: Arnott DCJ File Number(s): DC 2012/368179