Kemp v Walker; Kemp v Robbie Walker Transport Operations [2015] NSWSC 490

Supreme Court New South Wales

Medium Neutral Citation: Kemp v Walker; Kemp v Robbie Walker Transport Operations [2015] NSWSC 490 Hearing dates: 23 April 2014 Date of orders: 01 May 2015 Decision date: 01 May 2015 Jurisdiction: Common Law Before: Hidden J Decision: Company and director convicted. Company fined $16,500, director fined $900. Order for costs of $20,000. Catchwords: CRIMINAL LAW – summary jurisdiction – offences under Road Transport (General) Act 2005 – breach of load restraint requirements – company as operator of a heavy vehicle – director of that company – pleas of guilty Legislation Cited: Road Transport (General) Act 2005 Road Transport Act 2013 Road Transport (Mass, Loading and Access) Regulation 2005 Crimes (Sentencing Procedure) Act 1999 Heavy Vehicle (Adoption of National Law) Act 2013 Cases Cited: Roads and Maritime Services v L & M Scott Haulage Pty Ltd [2013] NSWCCA 107 The Roads and Traffic Authority of New South Wales v Fletcher International Exports Pty Limited [2008] NSWSC 936 Kemp v KGB Protective Coating Pty Ltd [2014] NSWSC 586 Texts Cited: Load Restraint Guide issued by the National Transport Commission & the RTA, Part 1, Section B (at p47) Category: Principal judgment Parties: Peter Stewart Kemp (plaintiffs/prosecutor) Robert John Walker (defendant) Robbie Walker Transport Operations Pty Ltd (defendant) Representation: Counsel: M Higgins (plaintiffs/prosecutor) AB Gotting (defendants)