Kemp v KGB Protective Coating Pty Ltd [2013] NSWSC 965

Kemp v KGB Protective Coating Pty Ltd [2013] NSWSC 965

The expert material established a prima facie case that the load restraint requirements had been breached, and the interview material established a prima facie case that KGB Protective Coating Pty Ltd was the loader of the goods. The prosecutor therefore established a prima facie case that KGB Protective Coating Pty Ltd had committed the alleged offence, warranting orders under s 246 of the Criminal Procedure Act 1986.

Jurisdiction
Australia
Judgment Date
18 July 2013
Procedural Posture
Criminal Prosecution Application Under S 246 of the Criminal Procedure Act 1986 / Application by Summons for Orders That the Defendant Be Brought Before a Judge of the Supreme Court to Answer a Charge Under S 55(1) of the Road Transport (general) Act 2005
Outcome
Orders sought under s 246 of the Criminal Procedure Act 1986 made.
Legal Topics
['prosecution Procedure' 'prima Facie Case' 'liability of Loader' 'load Restraint Requirements']
['criminal Law' 'road Transport Law'] ['prosecution Procedure' 'prima Facie Case' 'liability of Loader' 'load Restraint Requirements']

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Procedural Posture

Criminal Prosecution Application Under S 246 of the Criminal Procedure Act 1986 / Application by Summons for Orders That the Defendant Be Brought Before a Judge of the Supreme Court to Answer a Charge Under S 55(1) of the Road Transport (general) Act 2005

Legal Issues

  1. 1 ['Whether the material established a prima facie case of breach of the load restraint requirements under s 55(1)(a) of the Road Transport (General) Act 2005.' 'Whether the material established a prima facie case that KGB Protective Coating Pty Ltd was the loader of the goods carried by the vehicle combination involved in the 14 July 2011 accident.' 'Whether orders should be made under s 246 of the Criminal Procedure Act 1986.']

Ratio Decidendi

The expert material established a prima facie case that the load restraint requirements had been breached, and the interview material established a prima facie case that KGB Protective Coating Pty Ltd was the loader of the goods. The prosecutor therefore established a prima facie case that KGB Protective Coating Pty Ltd had committed the alleged offence, warranting orders under s 246 of the Criminal Procedure Act 1986.

Court Disposition

Orders sought under s 246 of the Criminal Procedure Act 1986 made.

Orders

  • ['KGB Protective Coating Pty Ltd be brought before a judge of the Supreme Court to answer a charge under s 55(1) of the Road Transport (General) Act 2005.']