Dixon v Attorney General of NSW [2018] NSWSC 1618

Supreme Court New South Wales

Medium Neutral Citation: Dixon v Attorney General of NSW [2018] NSWSC 1618 Hearing dates: 25 October 2018 Decision date: 25 October 2018 Jurisdiction: Common Law Before: Adamson J Decision: (1) Pursuant to s 69(1) of the Supreme Court Act 1970 (NSW), quash the decision of Allen LCM made on 7 June 2018 that the Local Court had no jurisdiction to hear the plaintiff's application to quash the habitual traffic offender declaration in respect of him.

(2) Remit the matter to the Local Court to be determined in accordance with law.

(3) Make no order as to costs. Catchwords: JURISDICTION OF COURTS – Local Court refused to hear plaintiff's application for an order to quash an habitual traffic offender declaration – jurisdictional error established – Local Court has such jurisdiction – plaintiff entitled to apply to have declaration quashed – matter remitted to Local Court to be determined according to law – relief granted pursuant to s 69 of the Supreme Court Act 1970 (NSW) Legislation Cited: Crimes (Appeal and Review) Act 2000 (NSW), s 55, Pt 5 Interpretation Act 1987 (NSW), ss 5, 30 Local Court Act 2007 (NSW), ss 3, 43, 44, 70 Road Transport (General) Act 1999 (NSW), s 31 Road Transport (General) Act 2005 (NSW), s 202 Road Transport Act 2013 (NSW), Pt 7.4, Divs 3, 3A, ss 216, 217, 220, 221A, 221B, Sch 4, cll 36, 62, 63, 65 Road Transport Amendment (Driver Licence Disqualification) Act 2017 (NSW), Sch 4, cl 65 Supreme Court Rules 1970 (NSW), Pt 51B, r 6 Supreme Court Act 1970 (NSW), ss 65, 69 Traffic Act 1909 (NSW), s 10EA Traffic Amendment (Penalties and Disqualifications) Act 1998 (NSW) Uniform Civil Procedure Rules 2005 (NSW), r 59.10 Cases Cited: Al-Kateb v Goodwin (2004) 219 CLR 562; [2004] HCA 37 Damaris v Falzon [2009] NSWSC 18; (2009) 52 MVR 84 Electric Light and Power Supply Corp Ltd v Electricity Commission of New South Wales (1956) 94 CLR 554; [1956] HCA 22 Hill v King (1993) 31 NSWLR 654 RTA v Papadopoulos (2010) 77 NSWLR 189; [2010] NSWSC 33 Category: Principal judgment Parties: Allan James Dixon (Plaintiff) Attorney General of New South Wales (First Defendant) Local Court of New South Wales (Second Defendant) Representation: Counsel: J. Styles, solicitor advocate (Plaintiff) A Williams (First Defendant)