Fisher v Roads and Maritime Services New South Wales (No 2) [2018] NSWSC 1702

Supreme Court New South Wales

Medium Neutral Citation: Fisher v Roads and Maritime Services New South Wales (No 2) [2018] NSWSC 1702 Hearing dates: 8 November 2018 Decision date: 08 November 2018 Jurisdiction: Common Law Before: Adamson J Decision: (1) Dismiss the proceedings for want of due despatch pursuant to Uniform Civil Procedure Rules 2005 (NSW), r 12.7.

(2) Order the plaintiff to pay the defendant's costs of the proceedings. Catchwords: PRACTICE AND PROCEDURE – whether adjournment of final hearing should be granted – adjournment refused – matter dismissed for want of due despatch Legislation Cited: Road Transport Act 2013 (NSW), s 33 Uniform Civil Procedure Rules 2005 (NSW) (UCPR), rr 12.7, 13.4, 42.1 Cases Cited: Fisher v Roads and Maritime Services New South Wales [2018] NSWSC 139 Category: Principal judgment Parties: Brian Stanley Fisher (Plaintiff) Roads and Maritime Services (Defendant) Representation: Counsel: Plaintiff via telephone conference BK Hearnden (Defendant)

Solicitors: Hunt & Hunt (Defendant) File Number(s): 2018/15839

Judgment – EX TEMPORE

Introduction 1. By summons filed on 16 January 2018, Mr Fisher, the plaintiff, seeks orders concerning a suspension of his driver's licence by the Roads and Maritime Services (RMS), the defendant. He also challenges the decision by RMS to attribute demerit points from Queensland to his driving record. Mr Fisher had previously made an application for a stay of the suspension which was heard and determined by Johnson J on 15 February 2018 who refused to grant a stay: Fisher v Roads and Maritime Services New South Wales [2018] NSWSC 139. 2. Mr Fisher did not appear in person before me today as he was in Lismore and informed me that he did not have the wherewithal to travel to Sydney. I permitted him to "appear" by telephone in order that he could make oral submissions and respond to the defendant's submissions. He applied for the hearing of the matter, which was listed for today, 8 November 2018, to be adjourned.