Kokou v Roads and Maritime Services and Local Court of New South Wales [2018] NSWSC 1692

Supreme Court New South Wales

Medium Neutral Citation: Kokou v Roads and Maritime Services and Local Court of New South Wales [2018] NSWSC 1692 Hearing dates: 26 July 2018 Date of orders: 09 November 2018 Decision date: 09 November 2018 Jurisdiction: Common Law - Administrative Law Before: N Adams J Decision: (1) The amended summons is dismissed.

(2) The plaintiff is to pay the first defendant's costs. Catchwords: ADMINISTRATIVE LAW – Judicial Review – Where Roads and Maritime Services ("RMS) cancelled plaintiff mechanic's examiner's authority to test and check vehicles for registration purposes – Where appeal against RMS decision dismissed by the Local Court – Whether Magistrate denied procedural fairness by making findings adverse to the plaintiff contrary to concessions by the RMS without adequate notice – Whether Magistrate denied procedural fairness by making adverse findings beyond the breaches alleged against the plaintiff in the show cause letter

JURISDICTION – Appeals – Whether privative clause under s 270 of the Road Transport Act 2013 (NSW) has the effect of removing right of appeal from the Local Court to the Supreme Court against Local Court determinations under s 267(1) of the Road Transport Act – Whether s 267(1) matters are properly heard in the General Division of the civil jurisdiction of the Local Court or within the Court's special jurisdiction Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), Pt 5 Crimes (Forensic Procedures) Act 2000 (NSW), s115A Criminal Procedure Act 1986 (NSW), Pt 2, Ch 4 Local Court Act 2007 (NSW), ss 3, 9, 10, 30, 39, 40 43, 44, 45, 70, Road Transport Act 2013 (NSW), ss 266, 267, 270 Road Transport (General) Regulation 2005 (NSW), cll 13, 14 Road Transport (General) Regulation 2013 (NSW), cl 127 Road Transport (Vehicle Registration) Regulation 2007 (NSW), cl 62 Road Transport (Vehicle Registration) Regulation 2017 (NSW), cl 72 Supreme Court Act 1970 (NSW), s 69 Cases Cited: Allied Pastoral Holdings Pty Ltd v Commissioner of Taxation (Cth) [1983] 1 NSWLR 1 Browne v Dunn (1893) 6 R 67 Dee Why Auto Clinic v Roads & Maritime Services [2017] NSWSC 377 Director of Public Prosecutions (NSW) v Illawarra Cashmart Pty Ltd (2006) 67 NSWLR 402; [2006] NSWSC 343 DL v The Queen (2018) 358 ALR 666; [2018] HCA 32 Kioa v West (1985) 159 CLR 550; [1985] HCA 81 Kirk v Industrial Relations Commission (NSW) (2010) 239 CLR 531; [2010] HCA 1 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82; [2000] HCA 57 Roads and Maritime Services v Khan [2013] NSWSC 331 RTA v Love [2011] NSWSC 987 West v Mead [2003] NSWSC 161 Category: Principal judgment Parties: Jack Kokou (Plaintiff) Roads and Maritime Services (First Defendant) Local Court of New South Wales (Second Defendant) Representation: Counsel: J R Young (Plaintiff) K Averre (First Defendant)