Bezzina v Transport for NSW

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Bezzina v Transport for NSW [2025] NSWCA 216

Hearing dates:

22 September 2025

Date of orders:

23 September 2025

Decision date:

23 September 2025

Before:

Free JA

Decision:

The notice of motion filed 9 September 2025 is dismissed.

Catchwords:

PROCEDURAL RULINGS – Use of private solicitors by government agency – Request for order prohibiting use of private solicitors – Request for sound recording – Request for protective costs order – Oaths of office of judicial officers – De facto officers doctrine

Legislation Cited:

Civil Procedure Act 2005 (NSW), s 98

Free Access to Courts Act 1400 2 Hen 4 c 1

Imperial Acts Application Act 1969 (NSW), s 8(1)

Interpretation Act 1987 (NSW), s 38(b)

Oaths Act 1900 (NSW), s 11(1)

Road Transport Act 2013 (NSW), s 200(4)

Transport Administration Act 1988 (NSW), cll 1(e), 9(1), Sch 1

Uniform Civil Procedure Rules 2005 (NSW), r 42.7

Cases Cited:

Makucha v Sydney Water Corporation [2013] NSWCA 177

Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11

Parisienne Basket Shoes Pty Ltd v Whyte (1938) 59 CLR 369; [1938] HCA 7

Category:

Procedural rulings

Parties:

Leslee-Ann Bezzina (Applicant)
Transport for NSW (Respondent)

Representation:

Counsel:
Applicant (self-represented)
G Lewer (Respondent)

Solicitors:
Hunt & Hunt Lawyers (Respondent)

File Number(s):

2025/53366

 Decision under appeal 

Court or tribunal:

District Court of New South Wales (Penrith)

Jurisdiction:

Civil

Date of Decision:

8 November 2024

Before:

Judge Everson SC

File Number(s):

2021/354847

JUDGMENT

1. FREE JA: The applicant, Ms Leslee-ann Bezzina, is aggrieved about a conviction and resulting penalties that were imposed on her in respect of an alleged incident of speeding at Mount Victoria. A speed camera allegedly detected Ms Bezzina’s vehicle travelling at 68km/hr in a zone limited to 60 km/hr. A penalty notice with a fine of $123 was issued to her. Ms Bezzina was convicted of the speeding offence in the Local Court by Magistrate Gibson on 8 August 2022. She sought to appeal that conviction to the District Court. That led to a number of listings before different judges in the District Court which in turn became a source of further grievance for Ms Bezzina. The matter was first mentioned before Judge Payne on 29 September 2023. It was subsequently listed before Judge David, when a conviction was entered, apparently in the absence of Ms Bezzina. The matter was subsequently before Judge Everson SC on 8 November 2024, when his Honour declined requests by Ms Bezzina to reconsider the matter.

2. Ms Bessina commenced proceedings in the original jurisdiction of the Supreme Court seeking judicial review of the decision or decisions of the District Court. The most recent version of the relevant originating process is a second amended summons filed 6 May 2025. In broad terms, Ms Bezzina contends that she was denied procedural fairness in the District Court and has not yet had the benefit of a fair hearing on the merits of her claim that she did…