Peter Sherman v Roads Corporation

[2011] HCASL 143

PETER SHERMAN
v
ROADS CORPORATION & ANOR
[2011] HCASL 143
M55/2011

1. The Roads Corporation ("the respondent") suspended the applicant's driver's licence under the Road Safety Act 1986 (Vic) ("the Act") after he had accumulated the prescribed number of demerit points. The applicant appealed the suspension of his driver's licence to the Victorian Magistrates' Court under s 26AA of the Act. The respondent did not appear at the appeal, and on 1 February 2010 the applicant was successful in having the suspension of his driver's licence lifted. However, on 15 March 2010, the respondent obtained an order for a rehearing of the appeal and was subsequently successful at that rehearing.

2. The applicant unsuccessfully sought judicial review in the Supreme Court of Victoria (Whelan J) to quash the decision of the Magistrates' Court on the rehearing.  On 12 April 2011, Whelan J found there was the no jurisdictional error in the decision of the Magistrates' Court.  

3. On 26 May 2011, the Court of Appeal of Victoria (Mandie JA and Almond AJA) summarily dismissed the applicant's appeal against the decision of Whelan J. Mandie JA found that the applicant's principal argument had no prospects of success because the Magistrates' Court had inherent jurisdiction or power to rehear an appeal pursuant to s 26AA which had been decided in the absence of the respondent.

4. An appeal to this Court would not have sufficient prospects of success to warrant a grant of special leave.  There is no reason to doubt the correctness of the Court of Appeal's decision.  Special leave is refused.

5. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

W.M.C. Gummow
8 September 2011 S.M. Kiefel