Ned Kelly Transport Pty Ltd v Commissioner for Fair Trading [2024] NSWCATAD 85

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ned Kelly Transport Pty Ltd v Commissioner for Fair Trading [2024] NSWCATAD 85 Hearing dates: 14 November 2023 Date of orders: 28 March 2024 Decision date: 28 March 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: (1) The Decision under review is set aside. (2) In substitution, the Decision is made that the application by Ned Kelly Transport Pty Ltd to renew its tow truck operator licence is granted. Catchwords: ADMINISTRATIVE LAW — tow truck operators licence — close associate — assault conviction — fit and proper person to hold a tow truck operators licence — public interest Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Administrative Decisions Review Act 1997 (NSW) Tow Truck Industry Act 1998 (NSW) Tow Truck Industry Regulation 2020 (NSW) Cases Cited: Assadourian v Roads and Traffic Authority [2013] NSWADT Australian Broadcasting Tribunal v Bond 170 CLR 321; (1990) 94 ALR 11; [1990] HCA 33 BSR v Office of the Children's Guardian [2015] NSWCATAD 264 ENK v Commissioner for Fair Trading [2020] NSWCATAD 320 Green v Commissioner of Police, New South Wales Police Force [2014] NSWCATAD 59 Grenfell v Director General Department of Finance and Services [2013] NSWADT 57 Hughes and Vale Pty Ltd v New South Wales (No.2) (1955) 93 CLR 127 Meacham v Commissioner of Police [2020] NSWCATAP 107 Mohammed Shamsuzzaman v Roads and Maritime Services [2015] NSWCATAP 62 Poytress v Director General, NSW Fair Trading [2015] NSWCATOD 100 Saadieh v Director General, Department of Transport [1999] NSWADT 68 Singh v Director General, Department of Transport [1999] NSWADT 96 Smith v Commissioner of Police, New South Wales Police Force and NSW Fair Trading [2014] NSWCATAD 184. Sobey v Commercial and Private Agents Board (1979) 20 SASR 70 Trombetta v Commissioner for Fair Trading [2018] NSWCATOD 167 Texts Cited: Nil Category: Principal judgment Parties: Ned Kelly Transport Pty Ltd (Applicant) Commissioner for Fair Trading (Respondent) Representation: Counsel: A Strik (Applicant)