Mack Fleet Pty Ltd v Transport for NSW

(2020) 93 MVR 242; [2020] NSWCA 149

NSW Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Procedure
4. › Appeal from Local Court to District Court
5. › Appeal dismissed
6. › Request to judge to submit question of law to Court of Criminal Appeal
7. › Request declined
8. › Requirement to identify a question of law
9. › Criminal Appeal Act 1912 (NSW), s 5B
1. Criminal Law
2. › Heavy vehicle offences
3. › Use on road of heavy vehicle that is unsafe
4. › Non-compliance with regulations setting standards for braking systems
5. › Whether non-compliance with braking standard capable of supporting finding vehicle 'unsafe'
6. › Heavy Vehicle National Law (NSW), s 89(2)
1. Judicial Review
2. › Jurisdictional error
3. › Refusal of District Court judge to submit question of law to Court of Criminal Appeal
4. › Whether power coupled with duty to exercise power on request
5. › Whether request stated a question of law
6. › Challenge to determination of judge that no question of law raised
1. Practice and Procedure
2. › Criminal
3. › Power of judge of District Court to submit question of law to Court of Criminal Appeal
4. › Whether discretion to refuse request
5. › Application out of time
6. › Identification of question of law
7. › Criminal Appeal Act 1912 (NSW), s 5B

Quick Take

Practitioners seeking to have a District Court judge submit a question of law to the Court of Criminal Appeal under s 5B should note that the power is discretionary, the question must be properly formulated as a genuine question of law (not 'Did I err in law...'), and the judge is entitled to decline the request if not satisfied a question of law has been identified.