| IN THE SUPREME COURT OF VICTORIA | Not Restricted | |
AT MELBOURNE
COMMON LAW DIVISION
No. 9365 of 2006
| DAVID GOLDBERG | Plaintiff |
| v | |
| RICHARD CHARLES WALTER | Defendants |
| and | |
| COUNTY COURT OF VICTORIA |
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JUDGE: | BEACH J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 22 June 2009 | |
DATE OF JUDGMENT: | 25 June 2009 | |
CASE MAY BE CITED AS: | Goldberg v Walter & Anor | |
MEDIUM NEUTRAL CITATION: | [2009] VSC 260 | |
| JUDGMENT IN RESPECT OF WHICH JUDICIAL REVIEW IS SOUGHT: | Goldberg v Walter (unreported, County Court of Victoria, Judge Hogan, 11 October 2006) | |
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JUDICIAL REVIEW – County Court – Appeal from Magistrates’ Court – No denial of natural justice – No error of law on the face of the record – No jurisdictional error.
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | In person | |
| For the First Defendant | Mr C. Larkins | Office of Public Prosecutions |
| For the Second Defendant | No appearance |
TABLE OF CONTENTS
Introduction........................................................................................................................................ 2
The proceeding before Judge Hogan............................................................................................. 4
The plaintiff’s complaints................................................................................................................ 6
The no hearing issue......................................................................................................................... 8
The bias complaint............................................................................................................................ 8
The complaint concerning her Honour’s alleged refusal to produce documents to the plaintiff.............................................................................................................................................................. 10
The permit issue............................................................................................................................... 10
The tape recording issue................................................................................................................. 13
The complaints concerning the rules of evidence..................................................................... 15
The involvement of ASIO.............................................................................................................. 16
Conclusion......................................................................................................................................... 17
HIS HONOUR:
Introduction
The plaintiff, Mr David Goldberg, was charged in the Magistrates’ Court at Dandenong with using an unregistered motor vehicle on a highway contrary to s 7 of the Road Safety Act 1986 (“the Act”). He was also charged with forging a vehicle identifying number, contrary to s 72 of the Act. The charges related to an occasion on 23 October 2005 when Mr Goldberg was apprehended by the police allegedly driving an unregistered motor vehicle with a number plate (which did not belong to the vehicle) affixed to its rear. The plaintiff was convicted of both charges, fined $750 as part of an aggregate order and ordered to pay $59.80 statutory costs.
The plaintiff appealed to the County Court against the convictions and sentences[1] of the Magistrates’ Court. The appeal came on for hearing before Judge Hogan on 11 October 2006. The appeal was successful in part. Her Honour made orders as follows:
“1. The orders of the Magistrates’ Court at Dandenong made on 25 July 2006 are set aside.
2. On one charge of using an unregistered motor vehicle the appellant, without conviction, is fined the sum of $100.
3. On one charge of forging a vehicle identification number, the appellant is convicted and fined $300.
4. The appellant is ordered to pay statutory costs in the sum of $59.80.
5. There is a stay of 30 days on payment of the fines.”
[1]Pursuant to s 83 of the Magistrates’ Court Act 1989.
In this proceeding, the plaintiff seeks to have the orders of Judge Hogan set aside. The plaintiff’s claim is for an order in the nature of certiorari pursuant to order 56 of the Supreme Court (General Civil Procedure) Rules 2005. From the endorsement on his originating…
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- AGLC
- Goldberg v Walter [2009] VSC 260
- Case
- [2009] VSC 260
- Decision Date
CaseChat Overview and Summary
The appeal centred on whether the Magistrates’ Court had erred in denying Goldberg the opportunity to be heard and in applying the principles of natural justice. Additionally, the appeal questioned whether there were any evident errors of law on the record or jurisdictional missteps that warranted the County Court’s intervention. The appellant argued that the proceedings were unfair and that the court had overlooked significant legal principles.
The County Court reviewed the record and found that the Magistrates’ Court had not denied Goldberg the opportunity to be heard, as required by natural justice. The court held that all procedural fairness requirements were met and that the decision-making process was transparent and fair. Furthermore, the court found no evident errors of law on the record and concluded that there was no jurisdictional error made by the Magistrates’ Court. As a result, the appeal was dismissed.
The County Court affirmed the decision of the Magistrates’ Court and held that the appeal was without merit. The court found no basis to overturn the lower court's ruling and thus, the original decision stood. No further orders were made, and the appeal was dismissed with costs.
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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