| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
No. 6895 of 2009
No. 6896 of 2009
| WAYNE JAMES BROWN | Appellant |
| v | |
| SPECTACULAR VIEWS PTY LTD AND NICOLAS ECTOROS | Respondents |
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JUDGE: | MACAULAY J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 17 February 2011 | |
DATE OF JUDGMENT: | 11 May 2011 | |
CASE MAY BE CITED AS: | Brown v Spectacular Views Pty Ltd and Anor | |
MEDIUM NEUTRAL CITATION: | [2011] VSC 197 | |
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APPEAL – Appeal on a question of law - Magistrates’ Court of Victoria – Magistrates' Court Act 1989 (Vic) s 92 - Transport Act 1983 (Vic) ss 32, 172B and 225 – Road Safety Act 1986 (Vic) Part 9, ss 91, 112 - Summary Offences Act 1966 (Vic) 17, 23 - Transport (Tow Truck) Regulations 2005 (Vic) regs 6, 8 – Trespass - Revocation of implied licence to enter – Whether occupier had authority to revoke implied licence – Whether law enforcement officers entitled to remain on private property despite revocation of implied licence to enter – Timing of occupier’s demand for law enforcement officers to leave premises – Appeal dismissed
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APPEARANCES: | Counsel | Solicitors |
| For the Appellant | Mr P. J. Billings | Vic Roads |
| For the Respondents | Mr A. P. Lewis | Wood Fussell |
TABLE OF CONTENTS
Introduction......................................................................................................................................... 1
Background......................................................................................................................................... 1
Appeal on a question of law............................................................................................................ 5
The finding that the implied licence had been revoked............................................................ 6
Did Mr Ectoros have authority to revoke the officers’ implied licence?.............................. 7
Did Mr Ectoros in fact revoke the officers’ implied licence?................................................ 10
Officers authorised to remain despite revocation of licence?.................................................. 11
Timing of demand to leave premises...................................................................................... 12
Extent of officers’ authority....................................................................................................... 13
Alternative finding........................................................................................................................... 18
Conclusion......................................................................................................................................... 19
HIS HONOUR:
Introduction
Two officers of the Roads Corporation (‘Vic Roads’) , one of whom is the appellant (Mr Wayne Brown), attended business premises at Noble Park on 26 September 2009 seeking records relating to a tow truck licensed to Spectacular Views Pty Ltd (‘Spectacular Views’), one of the respondents. What eventuated may be described as a verbal altercation between the officers and Mr Nicolas Ectoros, the other respondent and a director of Spectacular Views.
In issue in these appeals is whether a magistrate erred on a question of law in dismissing charges of assault, refusal to comply with a statutory request, using threatening words, offensive behaviour, obstructing and hindering officers, and the like, brought by Mr Brown against the respondents.
Pursuant to s 92 of the Magistrates' Court Act 1989 (Vic) Mr Brown has appealed the dismissal of the charges in two proceedings, each relating to a separate respondent. The appeals were heard together as the facts relating to them are the same and the arguments are more or less the same. In my view both appeals should be dismissed for the reasons that follow.
Pivotal to the dismissal of the charges was the Magistrates’ determination that the officers became trespassers at the premises where the events took place, and that the evidence of what occurred beyond a particular point…
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- AGLC
- Brown v Spectacular Views Pty Ltd [2011] VSC 197
- Case
- [2011] VSC 197
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the occupier had the authority to revoke the implied licence to enter the property and whether the law enforcement officers were entitled to remain on the property despite the revocation of the implied licence. Additionally, the court needed to assess the timing of the occupier’s demand for the law enforcement officers to leave the premises. The appellant argued that the occupier did not have the authority to revoke the implied licence, and that the law enforcement officers were entitled to remain on the property. The respondent contended that the occupier had the authority to revoke the implied licence and that the law enforcement officers were not entitled to remain on the property once the implied licence was revoked.
The court held that the occupier did have the authority to revoke the implied licence to enter the property, as it was a necessary condition to protect the property and its occupants. The court found that the law enforcement officers were not entitled to remain on the property once the implied licence was revoked. The court also considered the timing of the occupier’s demand for the law enforcement officers to leave the premises, holding that it was reasonable and appropriate under the circumstances. The court dismissed the appeal, finding that the Magistrates’ Court had not erred in its interpretation of the relevant statutes and regulations.
The appeal was dismissed, and the decision of the Magistrates’ Court of Victoria was upheld. The court found that the respondent had the authority to revoke the implied licence to enter the property and that the law enforcement officers were not entitled to remain on the property once the implied licence was revoked. The court also held that the timing of the occupier’s demand for the law enforcement officers to leave the premises was reasonable and appropriate. As a result, the appellant’s action for trespass was dismissed, and the decision of the Magistrates’ Court was affirmed.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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