ROADS & TRAFFIC AUTHORITY v. WOOD [2005] NSWSC 554

ROADS & TRAFFIC AUTHORITY v. WOOD [2005] NSWSC 554

On the correct construction of the transitional provisions, the reference to "the summons" in s.43(11)(c) of the Road Transport (General) Act 1999 is a reference to a document and is a "thing" for the purposes of cl 29(1)(c) of Schedule 2 to the Criminal Procedure Act 1986. That reference therefore extends to the corresponding document under the amended procedure, namely a Court Attendance Notice. The Local Court erred in dismissing the proceedings on the basis that the Court Attendance Notice could not satisfy the statutory reference to a summons.

Jurisdiction
Australia
Judgment Date
23 June 2005
Procedural Posture
Summons in the Supreme Court of New South Wales Common Law Division Seeking to Set Aside a Local Court Dismissal of Proceedings Commenced by Court Attendance Notice / Judgment After Hearing; Defendant Did Not Appear
Outcome
Local Court dismissal set aside; proceedings remitted to the Local Court at Burwood to resume and determine according to law; no order as to costs.
Legal Topics
['transitional Provisions' 'summons' 'court Attendance Notice' 'issue and Filing of Court Attendance Notice' 'camera Recorded Speeding Offence' 'corresponding Provision']
['statutory Interpretation' 'criminal Procedure' 'road Transport Offences'] ['transitional Provisions' 'summons' 'court Attendance Notice' 'issue and Filing of Court Attendance Notice' 'camera Recorded Speeding Offence' 'corresponding Provision']

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Procedural Posture

Summons in the Supreme Court of New South Wales Common Law Division Seeking to Set Aside a Local Court Dismissal of Proceedings Commenced by Court Attendance Notice / Judgment After Hearing; Defendant Did Not Appear

Legal Issues

  1. 1 ['Whether the reference to "the summons" in s.43(11)(c) of the Road Transport (General) Act 1999 can be read as referring to a Court Attendance Notice by operation of the transitional provisions in Schedule 2 to the Criminal Procedure Act 1986.' 'Whether a summons is an "act, matter or thing" for the purposes of cl 29(1)(c) of Schedule 2 to the Criminal Procedure Act 1986.']

Ratio Decidendi

On the correct construction of the transitional provisions, the reference to "the summons" in s.43(11)(c) of the Road Transport (General) Act 1999 is a reference to a document and is a "thing" for the purposes of cl 29(1)(c) of Schedule 2 to the Criminal Procedure Act 1986. That reference therefore extends to the corresponding document under the amended procedure, namely a Court Attendance Notice. The Local Court erred in dismissing the proceedings on the basis that the Court Attendance Notice could not satisfy the statutory reference to a summons.

Court Disposition

Local Court dismissal set aside; proceedings remitted to the Local Court at Burwood to resume and determine according to law; no order as to costs.

Orders

  • ['That the order the Local Court made at Burwood on 28 February 2005 dismissing the proceedings commenced by the Court Attendance Notice filed by the plaintiff against the defendant on 13 July 2004 be set aside.' 'That the Local Court at Burwood resume the hearing of the proceedings commenced by the filing of the...