Melki v Commissioner for Fair Trading [2024] NSWCATAD 176

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Melki v Commissioner for Fair Trading [2024] NSWCATAD 176 Hearing dates: 13 May 2024 Date of orders: 28 June 2024 Decision date: 28 June 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: J Sullivan, Senior Member Decision: (1) The decision of the respondent is set aside. (2) In substitution, the decision is that the application for a Tow Truck Driver Certificate is granted, subject to a condition under s 29(1) of the Tow Truck Industry Act 1998 (NSW) that the applicant not commit any traffic offence that carries demerit points or licence suspensions for a period of 12 months from the date of issue. Catchwords: TRAFFIC LAW AND TRANSPORT — Licensing of drivers — Application for Tow Truck Driver Certificate — Discretions to refuse — Driving offence history — Condition Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Fines Act 1996 (NSW) Road Safety Transport Act 2013 (NSW) Road Transport (Driver Licensing) Regulation 2017 (NSW) Tow Truck Industry Act 1998 (NSW) Tow Truck Industry Regulation 2020 (NSW) Cases Cited: Austin v Commissioner of Fair Trading and Commissioner of Police [2016] NSWCATAP 179 Austin v Commissioner of Fair Trading and Commissioner of Police [2015] NSWCATAD 244 Comalco Aluminium (Bell Bay) Ltd v O'Connor and Ors (1995) 131 ALR 657 Commissioner of Police v Danis [2017] NSWCATAP 7 Constantin v Commissioner of Police, NSW Police Force [2013] NSWADTAP 16 Darwiche v Tow Truck Authority of New South Wales [2007] NSWADT 203 Director of Public Prosecutions v Smith [1991] VicRp 6; (1991) 1 VR 63 Director-General, Transport New South Wales v AIC (GD) NSWADTAP 65 Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALR 60 Grenfell v Director General of the Department of Finance and Services [2013] NSWADT57 Health Care Complaints Commissioner v Litchfield [1997] 41 NSWLR 630 Hughes and Vale Pty Ltd v New South Wales (No.2) (1955) 93 CLR 127 Lal v Director-General, Department of Transport [2001] NSWADT 74 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 Saleh v Commissioner of Fair Trading [2015] NSWCATOD 68 Shuttleworth v Tow Truck Authority of NSW [2006] NSWADT 301 Slieman v Tow Truck Authority of New South Wales [2004] NSWADT270 Sobey v Commercial and Private Agents Board [1979] 22 SASR 70 Trombetta v Commissioner for Fair Trading [2018] NSWCATOD 167 YG and GG v Minister for Community Services [2002] NSWCA 247 Texts Cited: None cited Category: Principal judgment Parties: Nicholas Shahine Melki (Applicant) Commissioner for Fair Trading (Respondent) Representation: De Novo Legal (Applicant) Department of Customer Service (Respondent) File Number(s): 2024/00064255 Publication restriction: Nil