Australian National Car Parks Pty Ltd v NSW

[2014] NSWCA 298

NSW Court of Appeal

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Interrogate

Catchwords

1. Statutory Interpretation
2. › Natural meaning of text
3. › Words denying power
4. › Whether 'cannot be required by preliminary discovery' directed to power to make order or to compliance with order already made
5. › Interpretation Act 1987 (NSW), s 31
1. Constitutional Law (Cth)
2. › State courts
3. › Essential characteristics
4. › [name withheld] doctrine
5. › Whether power to order preliminary discovery is an essential characteristic of a state court
6. › Preliminary discovery as modern procedural development
7. › Constitution, Ch III
1. Practice and Procedure
2. › Preliminary discovery
3. › Statutory restriction on power to order
4. › Road Transport Act 2013 (NSW), s 279

Quick Take

Section 279 of the Road Transport Act 2013 (NSW) validly removes the power of courts to order preliminary discovery of vehicle registration information for the purpose of recovering private car park fees. The provision operates to deny the power to make such orders, not merely to create an immunity from compliance with orders already made. The power to order preliminary discovery against a government authority unconnected with the alleged wrongdoing is not an essential characteristic of a state court for [name withheld] purposes.