1. Adjourned to Warrnambool Magistrates’ Court on a date to be fixed.
2. Decision reserved. Reasons for decision will be provided to the parties by the Registrar, and handed down on the return date fixed by the registrar. The parties are excused from attendance on the return date.
84. Having considered the evidence of the witnesses, the reports relied on by, and the submissions of, the parties, I make the following orders:
1. The decision dated 25 June 2015 of VicRoads to suspend Mr Kelly’s conditional driver’s licence is set aside.
2. Order VicRoads to forthwith reissue Mr Kelly with a conditional driver’s licence.
3. As regards the conditions under which Mr Kelly’s conditional licence was operating prior to the suspension effective from 9 July 2015, I vary those conditions such that Mr Kelly is entitled to drive on a conditional licence in an area bounded by a radius of 75 kms from his farm property boundary in any direction.
Plus a juicy and controversial item in Costs Judgment at
87. Despite its context under the Act, both parties appeared to agree that the appeal was essentially a civil contest.
In that context, cost orders are entirely discretionary.
Taking into account the manner in which the appeal was conducted by the parties, each party’s criticism of the other, the fact that there was considerable merit in the case presented by each party which left me to make the final decision on balance by a very small margin, and all other relevant considerations, it is my view that, notwithstanding an outcome in favour of Mr Kelly, I ought to make no order as to costs. Each party should bear their own costs of the appeal.
– John Lesser Magistrate
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