Kemp v Robbie Walker Transport Operations Pty Ltd [2013] NSWSC 963

Kemp v Robbie Walker Transport Operations Pty Ltd [2013] NSWSC 963

The affidavit and annexed materials established a prima facie case that the load restraint requirements had been breached and that Robbie Walker Transport Operations Pty Ltd was an operator of the vehicle combination involved in the accident, so the orders sought under s 246 of the Criminal Procedure Act 1986 were made.

Jurisdiction
Australia
Judgment Date
18 July 2013
Procedural Posture
Criminal Prosecution Under the Court's Summary Jurisdiction / Application by Summons for an Order Under S 246 of the Criminal Procedure Act 1986 That the Defendant Be Brought Before a Judge to Answer a Charge Under S 56(1) of the Road Transport (general) Act 2005
Outcome
The prosecutor established a prima facie case that Robbie Walker Transport Operations Pty Ltd had committed the offence alleged and the orders sought under s 246 of the Criminal Procedure Act 1986 were made.
Legal Topics
['prosecution Procedure' 'prima Facie Case' 'load Restraint Requirements' 'operator Liability']
['criminal Law' 'road Transport Law'] ['prosecution Procedure' 'prima Facie Case' 'load Restraint Requirements' 'operator Liability']

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Procedural Posture

Criminal Prosecution Under the Court's Summary Jurisdiction / Application by Summons for an Order Under S 246 of the Criminal Procedure Act 1986 That the Defendant Be Brought Before a Judge to Answer a Charge Under S 56(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 of s 56(1)(a) of the Road Transport (General) Act 2005.' 'Whether the material established a prima facie case that Robbie Walker Transport Operations Pty Ltd was an operator of the 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 affidavit and annexed materials established a prima facie case that the load restraint requirements had been breached and that Robbie Walker Transport Operations Pty Ltd was an operator of the vehicle combination involved in the accident, so the orders sought under s 246 of the Criminal Procedure Act 1986 were made.

Court Disposition

The prosecutor established a prima facie case that Robbie Walker Transport Operations Pty Ltd had committed the offence alleged and the orders sought under s 246 of the Criminal Procedure Act 1986 were made.

Orders

  • ['Orders in terms sought in the summons were made.' 'Robbie Walker Transport Operations Pty Ltd was ordered to be brought before a judge of the Court to answer a charge under s 56(1) of the Road Transport (General) Act 2005.']