Millionaire motorcyclist’s four-year fine fight fails
A multimillionaire motorcyclist's four-year fight over a $219 traffic fine may have just come to the end of the road.
Queensland's highest court today rejected businessman Lev Mizikovsky's latest bid to have the case swung in his favour.
The co-founder of housing company Tamawood was fined in December 2016 for crossing the centre white line on his motorcycle.
Mr Mizikovsky, who is reportedly worth up to $100 million, was cornering a bend along the popular motorcyclist route on Mt Nebo road at the time.
He initially fought the case in the Magistrates Court where he lost in March 2018.
Later that year the District Court found in his favour on appeal, setting aside the decision and ordering another hearing, which he lost again.
The matter was again appealed to the District Court last year which found against him.
High-profile barrister Saul Holt, QC, acting for Mr Mizikovsky, today applied for leave to appeal the decision in the Supreme Court.
There were two draft grounds of appeal including that the District Court judge erred by placing the burden of proof on Mr Mizikovsky to prove he met an exception to the road rule in question.
Under the law a motorist may cross the dividing line to avoid an obstruction on the road.
The second ground of appeal was that the judge failed to have regard to evidence central to the rule's exception.
Mr Holt argued the curve in the road where Mr Mizikovsky crossed the line was a traffic hazard, and therefore an obstruction, because it was not appropriately signed.
As a matter of law, substandard curves, such as this one, required an advisory sign, he said.
Since the incident the road's speed limit has been decreased from 60 to 40km/h and a sign erected with a 20km speed advisory for the curve.
"Had Mr Mizikovsky here been injured he may well have a case against the state," he said.
Justice Fraser said if the line of argument was correct councils "were going to be busy putting up signs aren't they".
After a short recess Chief Justice Catherine Holmes and Justices Hugh Fraser and David Boddice denied Mr Mizikovsky leave to appeal the case.
Chief Justice Holmes found the law placed the burden of proving the existence of an exception to the road rule on the defendant not the prosecution.
Further, she found an obstruction on the roadway would be an "obstacle or defect".
"A bend on the other hand, is part of the ordinary configuration of the road, not capable of being avoided," she said.
Originally published as Millionaire motorcyclist's four-year fine fight fails in Supreme Court