Karamanli v Secretary of the Department of Customer Service [2024] NSWCATOD 135

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Karamanli v Secretary of the Department of Customer Service [2024] NSWCATOD 135 Hearing dates: 23 July 2024 Date of orders: 29 August 2024 Decision date: 29 August 2024 Jurisdiction: Occupational Division Before: K Robinson, Senior Member Decision: (1) The decision under review is set aside. (2) The applicant is to be granted a certificate under s 27 of the Tow Truck Industry Act 1998 subject to a condition that the applicant not commit any traffic offence for a period of 24 months from the date of issue of the certificate. Catchwords: Administrative Law – administrative review – tow truck licence – public interest – driving record - condition Legislation Cited: Administrative Decisions Review Act 1997 Tow Truck Industry Act 1998 Tow Truck Industry Regulation 2020 Cases Cited: Aouli v Commissioner for Fair Trading [2022] NSWCATOD 194 Comalco Aluminium (Bell Bay) Ltd v O'Connor and Others (1995) 131 ALR 657 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police [2013] NSWADTAP 16 Director-General Ministry of Transport v FV (GD) [2008] NSWADTAP 60 Ned Kelly Transport Pty Ltd v Commissioner for Fair Trading [2024] NSWCATAD 85 Shi v Migration Agents Registration Authority [2008] HCA 31 Shuttleworth v Tow Truck Authority of NSW [2006] NSWADT 301 YG and GG v Minister for Community Services [2002] NSWCA 247 Texts Cited: None cited Category: Principal judgment Parties: Koray Karamanli (Applicant) Secretary of the Department of Customer Service (Respondent) Representation: Abbas Jacobs Lawyers (Applicant) Department of Customer Service (Respondent) File Number(s): 2024/00146625 Publication restriction: Nil