Remondis Australia Pty Ltd v Local Court of New South Wales [2016] NSWSC 1649

Supreme Court New South Wales

Medium Neutral Citation: Remondis Australia Pty Ltd v Local Court of New South Wales [2016] NSWSC 1649 Hearing dates: 10 November 2016 Date of orders: 10 November 2016 Decision date: 10 November 2016 Jurisdiction: Common Law Before: Campbell J Decision: I order that the proceedings in the Local Court to commence on 11 November 2016 between the Roads and Maritime Services and Remondis Australia Pty Ltd and Luke Agati are stayed pending the disposition of the application for the leave to appeal and appeal in this court.

The costs of both parties are costs in the appeal to the extent to which the court has the power to award them.

List the summons for case management directions before the Registrar at 9:00 a.m. on 17 November 2016.

I recommend that the matter be given such expedition as the exigencies of the list will permit. Catchwords: PROCEDURE – application to stay criminal proceedings pending determination of application for leave to appeal and appeal from Local Court decision – balance of convenience – service of material – opportunity for defendant to meet case brought against it – deprivation of right of appeal – stay granted Legislation Cited: Road Transport (Vehicle and Driver Management) Act 2005 (NSW) Heavy Vehicle National Law (NSW) Criminal Procedure Act 1986 (NSW) Crimes (Appeal and Review) Act 2001 (NSW) Cases Cited: Salter v Director of Public Prosecutions (NSW) [2009] NSWCA 357 Craig v South Australia (1995) 184 CLR 163 R v Obeid (No 5) [2015] NSWSC 1967 Patrick Stevedores Operations (No 2) Pty Limited v Maritime Union of Australia (No 2) [1998] HCA 32; 72 ALJR 869 Category: Procedural and other rulings Parties: Clyde & Co, Solicitors (First and Second Plaintiff) Sparke Helmore Lawyers (Roads and Maritime Services) Representation: Counsel: W G Muddle SC with C R Ireland (Plaintiff) M Cahill with S Hartford-Davis (Defendant)