Roads and Maritime Services v Porret

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This decision has been amended. Please see the end of the decision for a list of the amendments.

Court of Appeal

New South Wales
Case Title: Roads and Maritime Services v Porret
Medium Neutral Citation: [2014] NSWCA 30
Hearing Date(s): 15 July 2013
Decision Date: 28 February 2014
Before: Bathurst CJ at [1]; Macfarlan JA at [45]; Emmett JA at [46]
Decision:

That the decision of his Honour Judge Haesler made on 23 April 2012 allowing the appeal of the first defendant against an order made on 25 January 2012 disqualifying her from driving for a period of 12 months be quashed.

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]
Catchwords: JUDGMENTS AND ORDERS - effect of judgment - setting aside conviction and imposing order under Crimes (Sentencing Procedure Act 1999 (NSW), s10- Crimes (Appeal and Review) Act 2001 (NSW), s20
APPEAL - powers of the NSWCA - jurisdictional error - discretionary orders
Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), ss 3(3), 3(3A), 11, 17 and 20
Crimes (Sentencing Procedure) Act 1999 (NSW), s 10
District Court Act 1973 (NSW), s 176
Justices Act 1902 (Cth), s 125
Road Transport (General) Act 2005 (NSW), ss 188 and 202
Road Transport (Driver Licensing) Act 1998 (NSW), s 25A
Road Transport (Safety and Traffic Management) Act 1999 (NSW), s 9(2)
Cases Cited: Ainsworth v Criminal Justice Commission [1992] HCA 10; (1992) 175 CLR 564
Battenberg v Union Club [2005] NSWSC 242; (2005) 215 ALR 696
Commissioner for Railways (NSW) v Cavanough [1935] HCA 45; (1935) 53 CLR 220
Craig v South Australia [1995] HCA 58; (1995) 184 CLR 163
Director of Public Prosecutions v Burns [2010] NSWCA 265; (2010) 207 A Crim R 362
Director of Public Prosecutions v Toulmin [2013] VSCA 145
Director of Public Prosecutions v TY (No 2) [2009] VSCA 226; (2009) 24 VR 705
Hancock v Prison Commissioners [1960] 1 QB 117
Kirk v Industrial Court (NSW) [2010] HCA 1; (2010) 239 CLR 531
Lynch v Hargrave (1971) VR 99
Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11; (2002) 209 CLR 597
New South Wales v Kable [2013] HCA 26; (2013) 87 ALJR 737
Posner v Collector for Inter-State Destitute Persons (Vict) [1946] HCA 50; (1946) 74 CLR 461
Public Service Association (SA) v Federated Clerks Union [1991] HCA 33; (1991) 173 CLR 132
R v Dunphy; Ex parte Maynes [1978] HCA 19; (1978) 139 CLR 482
R v Gray; Ex parte Marsh [1985] HCA 67; (1985) 157 CLR 351
Road and Traffic Authority (NSW) v Papadopoulos [2010] NSWSC…
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Details
Case
[2014] NSWCA 30
Decision Date

CaseChat Overview and Summary

Roads and Maritime Services (RMS) appealed to the New South Wales Court of Appeal against a decision of Judge Haesler of the District Court. Judge Haesler had allowed an appeal by the first defendant against an order made by the Local Court on 25 January 2012, which had disqualified her from driving for 12 months. The dispute concerned the power of the District Court to set aside its own earlier order.

The primary legal issue before the Court of Appeal was whether the District Court had the power to set aside its own judgment or order made on appeal, and if so, under what circumstances. Specifically, the court considered whether the District Court had jurisdiction to vary or set aside an order it had made on 23 April 2012, which had effectively quashed the 12-month disqualification imposed by the Local Court.

The Court of Appeal held that the District Court, in its appellate capacity, did not possess inherent power to set aside its own final orders, absent specific statutory authority or a finding of jurisdictional error. The court reasoned that once an appeal is determined and an order made, the District Court's appellate function in relation to that matter is concluded. The court noted that the Uniform Civil Procedure Rules 2005 provide mechanisms for setting aside or varying judgments, but these are generally confined to the court of first instance or specific appellate provisions which were not applicable here. The court found that Judge Haesler had erred in law by attempting to set aside his own earlier order.

Consequently, the Court of Appeal ordered that the decision of Judge Haesler made on 23 April 2012, allowing the first defendant's appeal against the 12-month disqualification, be quashed.

Orders

Orders of the court

That the decision of his Honour Judge Haesler made on 23 April 2012 allowing the appeal of the first defendant against an order made on 25 January 2012 disqualifying her from driving for a period of 12 months be quashed.

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

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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