Moujalli v Roads and Maritime Services [2017] NSWCATOD 192

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Moujalli v Roads and Maritime Services [2017] NSWCATOD 192 Hearing dates: 26 January 2017 Date of orders: 3 May 2017 Decision date: 03 May 2017 Jurisdiction: Occupational Division Before: Emeritus Prof G Walker, Senior Member Decision: Decision under review affirmed. Catchwords: TOW TRUCK INDUSTRY – licensing – adequacy of holding yard – requirement for a secure fence – public confidence - expectations. Legislation Cited: Civil and Administrative Tribunal Act 2013; Interpretation Act 1987; Tow Truck Industry Act 1998; Tow Truck Industry Regulation 2008. Cases Cited: Assadourian v Roads and Traffic Authority [2013] NSWADT 6; Gill v Donald Humberstone & Co. Ltd [1963] All ER 180; Health Care Complaints Commission v Do [2014] NSWCA 307; Nazir v Roads and Maritime Services [2016] NSWCATOD 124; Naziry v Director-General, Ministry of Transport [2004] NSWADT 40. Category: Principal judgment Parties: Joseph Moujalli (Applicant) Roads and Maritime Services (Respondent) Representation: Counsel: Mr P Lange (Applicant)

Solicitors: Murphy's Lawyers (Applicant) Smythe Wozniak (Respondent). File Number(s): 2015/00383805

Reasons for decision 1. The applicant Mr Joseph Moujalli (trading as Secure Towing) applied to this tribunal for review of a decision by an internal review of the respondent dated 18 June 2015 affirming an original decision to refuse his application for a tow truck operator's licence on discretionary grounds on 15 May 2015. 2. Mr Moujalli had been a licensed tow truck operator within New South Wales since 2006. On 9 July 2014, he lodged a renewal application for his operator licence with the respondent Roads and Maritime Services (RMS). Part of the application sought to relocate his holding yard, which was then at 12/575 Woodville Road, Guildford, to a new location at 565 Woodville Road, Guildford, which is occupied by a Kennard's Self Storage complex. 3. The proposed new premises, as well as the existing premises, were inspected by an investigations officer of the respondent, Mr Christopher O'Toole, on 28 November 2014 and 2 December 2014, and by another RMS officer on 7 January 2015. The applicant's renewal application was refused on the grounds that the applicant was not a fit and proper person to hold the licence and that the nominated holding yard premises (565 Woodville Road) lacked security. The issue of fitness and propriety was later abandoned. 4. The matter came before the tribunal for a directions hearing on 15 August 2015. On that date Montgomery SM made an interim order that the applicant be permitted to operate as a tow truck operator subject to certain conditions, one of which was that the nominated holding yard at 565 Woodville Road not be used by the applicant as a holding yard.