Fisher v Roads and Maritime Services New South Wales [2018] NSWSC 139

Supreme Court New South Wales

Medium Neutral Citation: Fisher v Roads and Maritime Services New South Wales [2018] NSWSC 139 Hearing dates: 15 February 2018 Date of orders: 15 February 2018 Decision date: 15 February 2018 Jurisdiction: Common Law - Administrative Law Before: Johnson J Decision: 1. The Plaintiff's Notice of Motion filed on 13 February 2018 is dismissed. 2. The Plaintiff is to pay the Defendant's costs of the Notice of Motion. Catchwords: ROAD TRANSPORT - suspension of driver's licence under demerit point system - notice of suspension posted to Plaintiff's mailing address - Plaintiff states he did not receive notice - suspension for three months comes into effect - Plaintiff claims denial of procedural fairness - Plaintiff makes application for stay of suspension pending final hearing - only 13 days remaining of three-month suspension - claim for final relief not sufficiently arguable for grant of stay - stay refused Legislation Cited: Road Transport Act 2013 (NSW) Road Transport (General) Regulation 2013 Transport Operations (Road Use Management) Act 1995 (Qld) Transport Operations (Road Use Management-Driver Licensing) Regulation 2010 (Qld) Cases Cited: Brown v Roads and Traffic Authority [2004] NSWSC 494 Roads and Traffic Authority v Weir (2004) 60 NSWLR 304; [2004] NSWSC 154 Roads and Traffic Authority v Hillyard [2003] NSWCA 284 Roads and Traffic Authority v Wilson (2003) 58 NSWLR 240; [2003] NSWCA 279 Texts Cited: Aronson, Groves & Weeks, "Judicial Review of Administrative Action and Government Liability" Law Book Co, 6th edition 2017 Category: Procedural and other rulings Parties: Brian Stanley Fisher (Plaintiff) Roads and Maritime Services New South Wales (Defendant) Representation: Counsel: Mr BS Fisher (Plaintiff in person) Mr B Hearnden, Solicitor (Defendant)