Streater v Commissioner of Fines Administration [2015] NSWSC 1516

Supreme Court New South Wales

Medium Neutral Citation: Streater v Commissioner of Fines Administration [2015] NSWSC 1516 Hearing dates: On the papers Date of orders: 16 October 2015 Decision date: 16 October 2015 Jurisdiction: Common Law Before: Bellew J Decision: 1. The appeal is allowed. 2. The hearing date of 19 October 2015 before this Court is vacated. 3. The determination of the Magistrate made on 5 June 2014 that the Local Court had no jurisdiction to hear the proceedings brought by the plaintiff in respect of Enforcement Order 293614146 is set aside. 4. The matter is remitted to the Local Court to be dealt with according to law. 5. Each party is to pay its own costs of these proceedings. Catchwords: APPEAL – Appeal from decision of Magistrate – Where plaintiff appealed to Local Court against defendant's refusal of an application to annul an enforcement order – Where plaintiff denied receipt of notification of refusal – Where Magistrate's reasons inferred rejection of plaintiff's denial – Where no reasons given – Where defendant conceded that the appeal should be allowed and matter remitted Legislation Cited: Fines Act 1996 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Category: Principal judgment Parties: Dean Michael Streater - Plaintiff Commissioner of Fines Administration - Defendant Representation: Solicitors: Plaintiff – In person Defendant – Hunt and Hunt File Number(s): 2014/196869-1 Publication restriction: Nil