RTA of NSW v Wilson

The Road and Traffic Authority of New South Wales (RTA) appealed to the Court of Appeal of New South Wales against a decision of Hidden J concerning the jurisdiction of the Local Court to hear an appeal against the suspension of a driver's licence. The dispute centred on whether the Local Court had the power to entertain such an appeal under the *Road Transport (General) Regulation 1999* (NSW).

The primary legal issue before the Court of Appeal was the interpretation of the term "decision" as used in the relevant provisions of the *Road Transport (General) Regulation 1999*. Specifically, the court had to determine whether the RTA's decision to suspend a driver's licence constituted a "decision" within the meaning of the Regulation that conferred a right of appeal to the Local Court.

Meagher and Ipp JJA, with Foster AJA agreeing, reasoned that the Regulation did not confer a right of appeal against the RTA's administrative decision to suspend a licence. Their Honours held that the term "decision" in the context of the Regulation referred to a decision made by a court or tribunal, not an administrative act of the RTA. Consequently, the Local Court lacked the necessary jurisdiction to hear the appeal.

The appeal was allowed, and the orders of Hidden J were set aside. In their place, the summons before Hidden J was dismissed with costs. The respondent was ordered to pay the costs of the appeal, with a certificate granted under the *Suitors' Fund Act*.