Chalouhi Enterprises Pty Ltd v Roads and Maritime Services [2020] NSWSC 66

Supreme Court New South Wales

Medium Neutral Citation: Chalouhi Enterprises Pty Ltd v Roads and Maritime Services [2020] NSWSC 66 Hearing dates: 7 November 2019 Date of orders: 13 February 2020 Decision date: 13 February 2020 Jurisdiction: Common Law Before: Wright J Decision: (1) The plaintiff's summons seeking leave to appeal filed on 30 May 2019 is dismissed.

(2) The plaintiff is to pay the defendant's costs as agreed or assessed. Catchwords: APPEAL – Crimes (Appeal and Review) Act 2001 s 53(3)(b) – application for leave to appeal from Local Court to Supreme Court against interlocutory order – meaning of "interlocutory order" – Magistrate's ruling on a preliminary point not interlocutory order – no jurisdiction to hear and determine application – in any event, leave to appeal should be refused Legislation Cited: Crimes Act 1900 (NSW) Crimes (Appeal and Review Act) 2001 (NSW) Heavy Vehicle National Law 2013 (NSW) Supreme Court (Corporations) Rules 1999 (NSW) Cases Cited: Choy v Tiaro Coal Ltd (in liq) (2018) 98 NSWLR 493; [2018] NSWCA 2015; (2018) 364 ALR 554 Jaycar Pty Ltd v Lombardo [2011] NSWCA 284 Queanbeyan City Council v Environment Protection Authority [2011] NSWCCA 108 Russell v Scott [2017] NSWSC 1720 Salter v Director of Public Prosecutions (2009) 75 NSWLR 392; [2009] NSWCA 357 Category: Principal judgment Parties: Chalouhi Enterprises Pty Ltd (Plaintiff) Roads and Maritime Services (Defendant) Representation: Counsel: P Barry (Plaintiff) A L Campbell (Defendant)