Aouli v Commissioner for Fair Trading [2022] NSWCATOD 194

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Aouli v Commissioner for Fair Trading [2022] NSWCATOD 194 Hearing dates: 15 November 2022 Date of orders: 22 November 2022 Decision date: 22 November 2022 Jurisdiction: Occupational Division Before: S Montgomery, Senior Member Decision: The decision under review is affirmed. Catchwords: ADMINISTRATIVE LAW –refusal of application for tow truck drivers certificate - fit and proper person - public interest - discretionary grounds for refusal – traffic record Legislation Cited: Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Tow Truck industry Act 1998 Tow Truck Industry Regulation 2020 Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Comalco Aluminium (Bell Bay) Ltd v O'Connor and Ors (1995) 131 ALR 657 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police, NSW Police Force [2013] NSWADTAP 16 Cusumano v Commissioner of Police, NSW Police Service [2001] NSWADT 50 Director of Public Prosecutions v Smith [1991] VicRp 6; (1991) 1 VR 63 Hughes and Vale Pty Ltd v The State of New South Wales (1955) 93 CLR 127 Sobey v Commercial and Private Agents Board [1979] 22 SASR 70 Category: Principal judgment Parties: Karim Aouli (Applicant) Commissioner for Fair Trading (Respondent) Representation: Solicitors: Zahr Partners (Applicant) Smythe Wozniak Lawyers (Respondent) File Number(s): 2022/00254083 Publication restriction: Nil