Kemp v Walker [2013] NSWSC 962

A prima facie case was established on affidavit and documentary evidence that the defendant, as director of the operator company, was liable for the offence under s 56(1) and s 178 of the Road Transport (General) Act 2005, justifying the orders under s 246 of the Criminal Procedure Act 1986.

Jurisdiction: Australia
Judgment Date: 18 July 2013
Procedural Posture: Criminal Prosecution / Prima Facie Determination and Orders on Summons
Outcome: Prima facie case established; orders made under s 246 of the Criminal Procedure Act 1986.
Legal Topics: ['criminal Procedure' 'road Transport Offences' 'corporate Director Liability' 'load Restraint Requirements']

['criminal Law'] ['criminal Procedure' 'road Transport Offences' 'corporate Director Liability' 'load Restraint Requirements']

Case Brief

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Procedural Posture

Criminal Prosecution / Prima Facie Determination and Orders on Summons

Legal Issues

1 ['Whether a breach of mass, dimension or load restraint requirements occurred under s 56(1)(a) of the Road Transport (General) Act 2005.' 'Whether Robert John Walker, as a director of the operator company, is liable under s 178 of the Road Transport (General) Act 2005 for the offence committed by the company.']

Ratio Decidendi

Court Disposition

Prima facie case established; orders made under s 246 of the Criminal Procedure Act 1986.

Orders

['Order that Robert John Walker be brought before a judge to answer the charge under s 56(1) of the Road Transport (General) Act 2005.']