Western Freight Management Pty Ltd v Roads and Maritime Services, New South Wales

Western Freight Management Pty Ltd (the applicant) sought leave to appeal against a decision of the District Court of New South Wales. The dispute concerned charges of committing a substantial risk breach of a mass requirement under the *Road Transport (General) Act 2005* (NSW). The applicant argued that the driver had taken reasonable steps to avoid the breach, as the vehicle had been loaded by a third party contrary to instructions, and the driver had failed to inspect the vehicle after loading, which resulted in overloading of the axles.

The Court of Appeal was required to determine whether the applicant had identified a ground of appeal involving a question of law, as required by s 52 of the *Crimes (Appeal and Review) Act 2001* (NSW). Specifically, the court considered whether the prosecution was obliged to particularise the reasonable steps the defendant should have taken to avoid the breach, and the applicability of the principles established in *Kirk v Industrial Court (NSW)* to the present case.

The Court held that the applicant had not identified a question of law that warranted leave to appeal. The court reasoned that the question of whether reasonable steps had been taken was a question of fact, and that the applicant's arguments did not demonstrate an error of law in the District Court's findings. The court distinguished the present case from *Kirk v Industrial Court (NSW)*, finding that the prosecution's obligations in relation to particularising reasonable steps were not engaged in a way that would give rise to a legal error.

The application for leave to appeal was dismissed with costs.