Australian National Car Parks Pty Ltd v State of New South Wales [2014] NSWCA 298

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Australian National Car Parks Pty Ltd v State of New South Wales [2014] NSWCA 298 Hearing dates: 28 August 2014 Decision date: 29 August 2014 Before: Basten JA; Gleeson JA; Leeming JA Decision: Orders made on 28 August 2014: 1. Dismiss the amended Writ of Summons filed in the High Court on 7 August 2013 and remitted to the Supreme Court of New South Wales by Gageler J on 24 September 2013. 2. Order the plaintiff to pay the defendant's costs in this Court including, pursuant to Order 4 made by the High Court, the costs of the proceedings in that Court. [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: CONSTITUTIONAL LAW - validity of prohibition in State legislation on preliminary discovery - essential characteristics of state courts - no warrant for concluding that preliminary discovery was an essential characteristic

STATUTORY CONSTRUCTION - principles - natural meaning of text - unlikelihood of alternative meaning - obligation to construe so as not to exceed legislative power Legislation Cited: Interpretation Act 1987 (NSW), s 31 Judiciary Act 1903 (Cth), ss 44, 78B Road Transport Act 2013 (NSW), ss 4, 279 Road Transport (General) Act 2005 (NSW), s 244B Road Transport (General) Amendment (Private Car Parks) Act 2012 (NSW) Transport Administration Act 1988 (NSW) Uniform Civil Procedure Rules 2005 (NSW), rr 1.21 Cases Cited: Australian National Car Parks Pty Ltd v State of New South Wales [2013] HCATrans 228 Hooper v Kirella Pty Ltd [1999] FCA 1584; 96 FCR 1 Kable v Director of Public Prosecutions (NSW) [1996] HCA 24; 189 CLR 51 Norwich Pharmacal Co v Customs and Excise Commissioners [1974] AC 133 State of South Australia v Totani [2010] HCA 39; 242 CLR 1 Wainohu v State of New South Wales [2011] HCA 24; 243 CLR 181 Category: Principal judgment Parties: Australian National Car Parks Pty Ltd (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: V Culkhoff (Plaintiff) M G Sexton SC SG / S Robertson (Defendant) Solicitors: Steven Klinger (Plaintiff) Crown Solicitor's Office (Defendant) File Number(s): 2014/85890