RTA v KRISHNA [2009] NSWLC 31

RTA v KRISHNA [2009] NSWLC 31

Clause 64(4) of the Road Transport (Vehicle Registration) Regulation 2007 was not a code and did not reveal a contrary intention excluding the Acts Interpretation Act 1987 (NSW). Section 76(1)(b) therefore applied, so the suspension notice was taken to have been served four working days after posting unless evidence sufficient to raise doubt as to receipt was adduced. Mr Krishna's evidence was sufficient to raise that doubt, and notice had not been provided under the Regulation.

Jurisdiction
Australia
Judgment Date
13 February 2009
Procedural Posture
Appeal Decision to Suspend/cancel Proprietor's Authority / Local Court Determination of Whether Notice of Suspension Had Been Provided and Whether Time for Appeal Had Expired
Outcome
The court found that notice had not been provided under the Regulation.
Legal Topics
['suspension of Authorised Inspection Station Authority' 'service by Post' 'notification of Administrative Decisions' 'appeal Period' 'acts Interpretation Act 1987 (nsw) S 76']
['criminal' 'road Transport' 'administrative Law' 'statutory Interpretation'] ['suspension of Authorised Inspection Station Authority' 'service by Post' 'notification of Administrative Decisions' 'appeal Period' 'acts Interpretation Act 1987 (nsw) S 76']

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Procedural Posture

Appeal Decision to Suspend/cancel Proprietor's Authority / Local Court Determination of Whether Notice of Suspension Had Been Provided and Whether Time for Appeal Had Expired

Legal Issues

  1. 1 ['Whether clause 64(4) of the Road Transport (Vehicle Registration) Regulation 2007 conclusively determined when Mr Krishna was notified of the suspension notice sent by mail.' 'Whether the Acts Interpretation Act 1987 (NSW), including s 76, applied to determine service by post under clause 64(4).' 'Whether Mr Krishna adduced evidence sufficient to raise doubt that the suspension notice was received in the ordinary course of post.']

Ratio Decidendi

Clause 64(4) of the Road Transport (Vehicle Registration) Regulation 2007 was not a code and did not reveal a contrary intention excluding the Acts Interpretation Act 1987 (NSW). Section 76(1)(b) therefore applied, so the suspension notice was taken to have been served four working days after posting unless evidence sufficient to raise doubt as to receipt was adduced. Mr Krishna's evidence was sufficient to raise that doubt, and notice had not been provided under the Regulation.

Court Disposition

The court found that notice had not been provided under the Regulation.

Orders

  • []