Roads and Maritime Services v Porret

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.