HOLLICK v POLICE

[2013] SASCFC 4

SUPREME COURT OF SOUTH AUSTRALIA

(Full Court: Permission to Appeal in Private)

HOLLICK v POLICE

[2013] SASCFC 4

Judgment of The Full Court

(The Honourable Chief Justice Kourakis, The Honourable Justice Kelly and The Honourable Justice Blue)

22 February 2013

APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - WHEN APPEAL LIES - BY LEAVE OF COURT - GENERALLY

Application for permission to appeal to the Full Court in private - appeal against judgment of a Single Judge of the Supreme Court of South Australia dismissing an appeal brought by the applicant against convictions recorded in the Magistrates Court for driving disqualified.

Held (Kourakis CJ, Kelly and Blue JJ): permission to appeal to the Full Court granted - application raises questions of general importance concerning the nature of the duty imposed on the Registrar of Motor Vehicles by s 81B of the Motor Vehicles Act 1959 (SA) - a subsidiary question concerning the scope and effect of s 140 of the Motor Vehicles Act 1959 (SA) may also arise and is of general importance.

Motor Vehicles Act 1959 (SA) s 81B and s 140, referred to.

HOLLICK v POLICE
[2013] SASCFC 4

Full Court:  Kourakis CJ, Kelly and Blue JJ

1. THE COURT:      This is an application for permission to appeal against the judgment of Nyland J dismissing an appeal brought by the applicant against convictions recorded in the Magistrates Court for driving whilst disqualified.

2. The application raises questions concerning the nature of the duty imposed on the Registrar of Motor Vehicles by s 81B of the Motor Vehicles Act 1959 (SA) to issue notices of disqualification and the means by which the duty can be discharged with the assistance of computer technology. Those questions are of general importance. A subsidiary question concerning the scope and effect of s 140 Motor Vehicles Act 1959 (SA) may also arise and is of general importance.

3. Permission to appeal is granted.