A private commercial loading bay used only by specific business invitees who attend by pre-arrangement is not 'open to or used by the public' within s 5 of the Motor Vehicles Act 1959 (SA), even where a number of individual customers also attend, provided those customers are confined to specific regular customers with anterior relationships to the occupier rather than members of the public at large. The onus of proving that premises are open to or used by the public lies on the party asserting that proposition against the Nominal Defendant.
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