Banks v Transport Regulation Board (Vic) [1968] HCA 23

High Court of Australia Barwick C.J. McTiernan, Kitto, Taylor and Owen JJ. Banks v Transport Regulation Board (Vic) [1968] HCA 23

ORDER Objection to competency overruled and motion dismissed with costs. Appeal allowed with costs. Order of the Full Court of the Supreme Court of Victoria set aside and in lieu thereof order that the order nisi for writ of certiorari to quash the decision of the Board and the revocation of the appellant's licence No. MT.2765 to operate a metropolitan taxi-cab be made absolute with costs.

Cur. adv. vult.

The following written judgments were delivered:—

May 10 Barwick C.J.

The appellant, the holder of a metropolitan taxi-cab licence issued on 6th February 1967, under Pt II of the Transport Regulation Act 1958 of the State of Victoria (the Act), was served in April last with a notice that the Transport Regulation Board constituted by s. 4 of the Act (the Board) proposed to consider the revocation or suspension of his licence on the grounds that:

(a) You failed to notify the Board of your change of address, pursuant to reg. 19 (e), Pt II, of the Transport Consolidated Regulations 1960.

(b) Between 1st April 1966 and 15th March 1967 you committed wilful and continued breaches of the condition of the said licence in that:—

(i) without the written authority of the Board you transferred the control, use and management of the vehicle to which the above licence relates, to another person, contrary to the provisions of reg. 16, Pt II of the Transport Consolidated Regulations 1960,

(ii) you have not yourself driven the vehicle to which the above licence relates.

The notice set a time in June 1967 for the appellant's attendance before the Board if he desired to object to such revocation or suspension. The appellant did attend, assisted by a transport consultant. Evidence was taken before the Board including that of the appellant. But, as we were informed by counsel for the respondent, no grounds or particulars of grounds for revocation or suspension of the licence were put forward or suggested at this hearing other than those specified in the notice which I have already quoted. The Board reserved its decision. On 14th June it notified the appellant through the transport consultant as follows: Further to the appearance of your client Mr. I. G. W. Banks at proceedings on 5th June 1967 towards revocation or suspension of his metropolitan taxi cab licence MT.2765. I am to advise that the Board has recorded a decision that the said licence be revoked.