Roads & Maritime Services v Staniforth [2017] NSWSC 158

Supreme Court New South Wales

Medium Neutral Citation: Roads & Maritime Services v Staniforth [2017] NSWSC 158 Hearing dates: 21 February 2017 Date of orders: 21 February 2017 Decision date: 21 February 2017 Jurisdiction: Common Law Before: Walton J Decision: The plaintiff is entitled to have the relief it seeks under s 69 of the Supreme Court Act. It was agreed by Mr Hearnden that some refinement to the orders sought in the further amended summons may be desirable and, accordingly, I give leave to file short minutes of order in my chambers by 4pm on Monday next setting out the orders proposed. If the orders are in a suitable form I will propose to make the orders in terms in Chambers without further listing. Catchwords: ADMINISTRATIVE LAW – further amended summons seeking relief in nature of certiorari – application proceedings in Local Court – application notice under s 45 of Local Court Act – application under s 267 Road Traffic Act – appealable matters – review of penalty notice sought by defendant– proceedings in Local Court constitutes appeal against offence – orders under s 10(1)(a) Crimes (Sentencing Procedure) Act – defendant's purpose of application proceedings removal of suspension of driving licence – suspension not appealable – application proceedings not permit review of imposition of penalty for an offence – no Court Attendance Notice – contrary to s 6 of Criminal Procedure Act – exclusion of criminal proceedings under Pt 4 of Local Court Act – jurisdictional error – errors of law – partly acting outside general area of jurisdiction – misconstruing statutes – misconceiving role or function of Court in application proceedings – direction for filing of draft orders Legislation Cited: Criminal Procedure Act 1996 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Local Court Act 2007 (NSW) Road Rules 2014 (NSW) Road Transport Act 2013 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Craig v State of South Australia (1995) 131 ALR 595; [1995] HCA 58; Kirk v Industrial Relations Commission; Kirk Group Holdings v WorkCover Authority (2010) 239 CLR 531; [2010] HCA 1; Road Transport Association of New South Wales v Wilson (2003) 58 NSWLR 240; [2003] NSWCA 279 Category: Procedural and other rulings Parties: Roads & Maritime Services (Plaintiff) Sascha Rosamond Staniforth (First Defendant, submitting appearance) Local Court of New South Wales (Second Defendant, submitting appearance) Representation: Solicitor: Mr B Hearnden for the Plaintiff File Number(s): 2016/332054