Dixon v Attorney General of NSW [2018] NSWSC 1618

Dixon v Attorney General of NSW [2018] NSWSC 1618

The Local Court has jurisdiction to hear applications to quash habitual traffic offender declarations under s 220 of the Old Road Transport Act 2013 (NSW), preserved by the savings provisions of the New Act; a person subject to such a declaration is entitled to apply to have it quashed; the decision of the Local Court below to the contrary was legally erroneous.

Parties
Plaintiff: Allan James Dixon; First Defendant: Attorney General of New South Wales; Second Defendant: Local Court of New South Wales
Jurisdiction
Australia
Judgment Date
25 October 2018
Procedural Posture
Judicial Review / Appeal / Final Judgment
Outcome
Decision below quashed; matter remitted to Local Court; no order as to costs.
Legal Topics
Jurisdiction of Courts, Habitual Traffic Offender Declarations, Statutory Interpretation, Prerogative Relief
Administrative Law Criminal Law Jurisdiction of Courts Habitual Traffic Offender Declarations Statutory Interpretation Prerogative Relief

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Parties

Allan James Dixon

Plaintiff

Attorney General of New South Wales

First Defendant

Local Court of New South Wales

Second Defendant

Procedural Posture

Judicial Review / Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Local Court had jurisdiction to hear an application to quash a habitual traffic offender declaration under repealed s 220 of the Road Transport Act 2013 (NSW)
  2. 2 Whether legislative provisions preserved the power of a court to quash such declarations after repeal
  3. 3 Whether a person subject to such declaration has a right to apply for it to be quashed

Ratio Decidendi

The Local Court has jurisdiction to hear applications to quash habitual traffic offender declarations under s 220 of the Old Road Transport Act 2013 (NSW), preserved by the savings provisions of the New Act; a person subject to such a declaration is entitled to apply to have it quashed; the decision of the Local Court below to the contrary was legally erroneous.

Court Disposition

Decision below quashed; matter remitted to Local Court; no order as to costs.

Orders

  • Pursuant to s 69(1) of the Supreme Court Act 1970 (NSW), quash the decision of Allen LCM made on 7 June 2018 that the Local Court had no jurisdiction to hear the plaintiff's application to quash the habitual traffic offender declaration in respect of him.
  • Remit the matter to the Local Court to be determined in accordance with law.