Youssef v Transport for New South Wales [2023] NSWCATOD 52

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Youssef v Transport for New South Wales [2023] NSWCATOD 52 Hearing dates: 28 February 2023 Date of orders: 01 May 2023 Decision date: 01 May 2023 Jurisdiction: Occupational Division Before: K Mobbs, Senior Member Decision: (1) The decision under review is affirmed. Catchwords: LICENSING – passenger transport licensing – bus driver authority – traffic record – repute – fit and proper person. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Passenger Transport Act 1990 Cases Cited: Director-General, Transport New South Wales v AIC (GD) [2011] NSWADTAP 65 McDonald v Director-General of Social Security (1984) 1 FCR 354 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 Re T and the Director of Youth and Community Services [1980] 1 NSWLR 392 Saadieh v Director-General, Department of Transport [1999] NSWADT 68 Shi v Migration Agents Registration Authority [2008] HCA 31 Texts Cited: None cited Category: Principal judgment Parties: Magdy Youssef (Applicant) Transport for New South Wales (Respondent) Representation: Applicant (Self Represented) Group General Counsel, Transport for New South Wales (Respondent) File Number(s): 2022/00387539 Publication restriction: Nil

REASONS FOR DECISION

The Parties 1. The parties to this matter were originally identified as Mr Magdy Youssef (the Applicant) and Roads and Maritime Services. During the course of the hearing, I asked Mr Liashenko, the solicitor appearing on behalf of Transport for New South Wales, about the references to the respondent in the proceedings as both Roads and Maritime Services and Transport for New South Wales. Mr Liashenko advised that Transport for New South Wales was previously known as Roads and Maritime Services and the reference to the previous name appeared to be an administrative error. Mr Liashenko confirmed that the correct name for the respondent in these proceedings is Transport for New South Wales. The Applicant did not take any issue in relation to this and accordingly these Reasons refer to Transport for New South Wales as the Respondent.