Re: Regulation 206 [Was: Rod Speed]

[Seppo Renfors <srenfors@!nojunk!adelaide.on.net>]

Darkside wrote:
> 
> WhaleOilBeefHooked wrote in message <7sf03r$9q6$1@news1.mpx.com.au>...
> 
> >Would not make it invalid, it would require a ruling from a court though
> And
> >NOT a court of summary jurisdiction) to establish this definition though.
> >Since any action arising from this section would be in a court of summary
> >jurisdiction (Local Court in NSW, not sure what the Victorian equivalent
> >is - Petty Sessions??????) that particular courts definition would not be
> >binding on other courts. It would require an appeal to the District Court
> >for any definition to be binding on lower courts.
> 
> Your statement is erroneous.  An appeal to the District Court would make
> nothing binding on lower courts.  Both are inferior courts of records, refer
> to Valentine v Eid.  Stare decisis does not exist between a District Court
> and a Local Court.  Brief ratio is workload of District Court requires many
> ex tempore decisions, not conducive to rationalised and researched
> decisions.
> 
> Darkside.

There is at least one case that has created a precedent in a District
Court, at least here in SA. For a long time there had been argument if
legal representation was allowed on a review from a minor civil action in
the DC. It has now been ruled definitively by a DC Judge that it does not
come under the Magistrates Court Act (SA) s38, and that legal
representation is allowed and costs can be be awarded as in any other
proceeding. Sorry can't recall the case offhand.

In relation to the ticket "validation" issue. I think you need to simply
look at it with ordinary common sense. The purpose of it is to actually
"invalidate" the ticket so it cannot be used again, if a single fare
ticket. Multifare tickets, it is a count-down to nil. Not to do so
obviously is an attempt at getting a ride for nothing because it could be
reused later if not "validated". Therefor not to have a "validated ticket"
whilst on the transport is to not have a valid ticket. To have a an
un-validated ticket outside the areas requiring validation is a totally
mute point, of no interest. Never having used such in Australia, I'm not
familiar with them here but it takes no Philadelphia Lawyer to work out the
purpose.

-- 

SIR -Philosopher Unauthorised
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