Roads & Maritime Services v Noble-Hiblen [2019] NSWSC 1230

Supreme Court New South Wales

Medium Neutral Citation: Roads & Maritime Services v Noble-Hiblen [2019] NSWSC 1230 Hearing dates: 17 September 2019 Date of orders: 18 September 2019 Decision date: 18 September 2019 Jurisdiction: Common Law Before: Campbell J Decision: 1) Appeal allowed;

2) Set aside the order made in the Local Court on 22 May 2019 dismissing the prosecution;

3) Remit the matter to the Local Court for re-determination in accordance with my reasons;

4) No order as to costs. Catchwords: APPEALS – Supreme Court Appeals – appeals as of right – Roads & Maritime Services – appeal against order made by Local Court dismissing matter – appeal limited to matters involving questions of law alone – whether certain non-expert evidence is sufficient entitling an acquittal – held only expert evidence is sufficient to raise doubt. Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), s 56 Road Transport Act 2013 (NSW), ss 134, 135, 136, 138, 140, 141, 257 Evidence Act 1995 (NSW), s 79 Workers Compensation Act 1926 (NSW) (Repealed), s 37(4)(a) Supreme Court Rules 1970 (NSW), Part 51B Rule (6)(2)(b) Road Transport (Safety and Traffic Management) Act 1999 (NSW) (Repealed) Cases Cited: Azzopardi v Tasman UEB Industries Limited (1985) 4 NSWLR 139 Roads and Traffic Authority of New South Wales v Nichols [2005] NSWSC 946; 45 MVR 14 Roads and Traffic Authority of New South Wales v Michell [2006] NSWSC 194; 45 MVR 162 Roads and Traffic Authority of New South Wales v Baldock [2007] NSWCCA 35; 168 A Crim R 566 Texts Cited: NSW Legislative Council Hansard and Papers Tuesday 21 November 2006. Category: Principal judgment Parties: Roads and Maritime Services Representation: Counsel: Mr BK Hearnden, solicitor (plaintiff)