Roads and Maritime Services v Farrell; Roads and Maritime Services v Northcott; Roads and Maritime Services v Le Thorn; Roads and Maritime Services v Touba; Roads and Maritime Services v Culpan; Roads and Maritime Services v Hooper [2019] NSWSC 552

Supreme Court New South Wales

Medium Neutral Citation: Roads and Maritime Services v Farrell; Roads and Maritime Services v Northcott; Roads and Maritime Services v Le Thorn; Roads and Maritime Services v Touba; Roads and Maritime Services v Culpan; Roads and Maritime Services v Hooper [2019] NSWSC 552 Hearing dates: 3 April 2019 and 12 April 2019 (written submissions dated 15 April, 16 April and 17 April 2019) Date of orders: 16 May 2019 Decision date: 16 May 2019 Jurisdiction: Common Law Before: Schmidt J Decision: Ms Farrell (1) The order made by the Local Court under s 221B of the Road Transport Act 2013 (NSW) removing Ms Farrell's licence disqualification is quashed. (2) Ms Farrell is to pay the Service's costs, as agreed or assessed. (3) Ms Farrell be granted a certificate under the Suitors' Fund Act 1951 (NSW) in relation to the costs of the proceedings, if she is otherwise qualified. Mr Northcott (1) The order made by the Local Court under s 221B of the Road Transport Act 2013 (NSW) removing Mr Northcott's licence disqualification is quashed. (2) Mr Northcott is to pay the Service's costs, as agreed or assessed. (3) Mr Northcott be granted a certificate under the Suitors' Fund Act 1951 (NSW) in relation to the costs of the proceedings, if he is otherwise qualified. Mr Le Thorn (1) Leave to bring the proceedings is granted under Rule 59.10 of the Uniform Civil Procedure Rules 2005 (NSW). (2) The order made by the Local Court under s 221B of the Road Transport Act 2013 (NSW) removing Mr Le Thorn's licence disqualification is quashed. (3) Mr Le Thorn is to pay the Service's costs, as agreed or assessed. (4) Mr Le Thorn be granted a certificate under the Suitors' Fund Act 1951 (NSW) in relation to the costs of the proceedings, if he is otherwise qualified. Mr Touba (1) The order made by the Local Court under s 221B of the Road Transport Act 2013 (NSW) removing Mr Touba's licence disqualification is quashed. (2) Mr Touba is to pay the Service's costs, as agreed or assessed. (3) Mr Touba be granted a certificate under the Suitors' Fund Act 1951 (NSW) in relation to the costs of the proceedings, if he is otherwise qualified. Mr Culpan (1) The order made by the Local Court under s 221B of the Road Transport Act 2013 (NSW) removing Mr Culpan's licence disqualification is quashed. (2) Mr Culpan is to pay the Service's costs, as agreed or assessed. (3) Mr Culpan be granted a certificate under Suitors' Fund Act 1951 (NSW) in relation to the costs of the proceedings, if he is otherwise qualified. Mr Hooper (1) The order made by the Local Court under s 221B of the Road Transport Act 2013 (NSW) removing Mr Hooper's licence disqualification is quashed. (2) Mr Hooper is to pay the Service's costs, as agreed or assessed. (3) Mr Hooper be granted a certificate under the Suitors' Fund Act 1951 (NSW) in relation to the costs of the proceedings, if he is otherwise qualified. Catchwords: ADMINISTRATIVE LAW – Judicial Review – orders sought under s 69 of the Supreme Court Act 1970 (NSW), quashing orders made by the Local Court under s 221B of the Road Transport Act 2013 (NSW), removing licence disqualifications – whether defendants were entitled to make an application for removal of licence disqualification given s 221D of the Road Transport Act 2013 (NSW) – whether the Local Court had power to order the removal of defendants' license disqualifications – Local Court acted without jurisdiction – whether reasons given inadequate - whether the Court's discretion to refrain from making orders under s 69 of the Supreme Court Act 1970 (NSW) should be exercised - orders made by the Local Court removing licence disqualifications are quashed