Nolan v Kreidies Management Group Pty Ltd [2016] NSWSC 177

Supreme Court New South Wales

Medium Neutral Citation: Nolan v Kreidies Management Group Pty Ltd [2016] NSWSC 177 Hearing dates: 20, 21 October 2015 Decision date: 08 March 2016 Jurisdiction: Common Law Before: Adams J Decision: (1) The defendant is convicted.

(2) The defendant is fined the sum of $7,200.

(3) Pursuant to s 257B of the Criminal Procedure Act 1986 (NSW) in relation to the offence contrary to s 56 of the Road Transport (General) Act 2005 (NSW) the defendant is ordered to pay the plaintiff's costs in the sum of $15,000.

(4) Pursuant to s 210 of the Road Transport (General) Act 2005 (NSW) order that the defendant pay to Roads and Maritime Services compensation in the sum of $99,890.75 for the damage to road infrastructure, namely the road and M5 Tunnel infrastructure, incurred by Roads and Maritime Services as a consequence of the commission of the offence.

(5) Pursuant to s 214 of the Road Transport (General) Act 2005 (NSW) the defendant is ordered to pay the plaintiff's costs in the sum of $60,000. Catchwords: CRIMINAL LAW – breach of dimension requirement contrary to s 56 of the Road Transport (General) Act 2005 (NSW) – severe risk breach pursuant to s 37(3) Road Transport (General) Act – seriousness of breach separately assessed pursuant to s 21A(2)(g) of the Crimes (Sentencing Procedure Act) 1999 (NSW) – plea of guilty – consent orders in respect of roads compensation order and costs Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A, 21A(3) Criminal Procedure Act 1986 (NSW), s 257B Road Transport (General) Act 2005 (NSW), ss 53, 55, 56, 57, 60(2)(c), 202, 210, 214 Road Transport (Vehicle and Driver Management) Act 2005 (NSW) Cases Cited: Kemp v Air Liquide Australia Ltd [2014] NSWSC 1200 Category: Principal judgment Parties: Nicholas Nolan – Senior Investigator for Roads & Maritime Services (prosecutor) Kreidies Management Group Pty Ltd (defendant) Representation: Counsel: M Cahill (plaintiff) C Simpson (defendant)