Taylor -v- Director General, Department of Transport [2001] NSWADT 17

Set aside by Appeal : Set aside by appeal on 12/9/01

CITATION: Taylor -v- Director General, Department of Transport [2001] NSWADT 17 DIVISION: General Division APPLICANT PARTIES: Kenneth Allan Taylor RESPONDENT Director General, Department of Transport FILE NUMBER: 003045 10/11/2000 HEARING DATES: 22/11/2000 06/12/2000 SUBMISSIONS CLOSED: 12/06/2000 DATE OF DECISION: 02/09/2001

BEFORE: Rice S - Judicial Member APPLICATION: Bus driver - cancellation of authority - Passenger Transport Act - bus driver - cancellation of authority MATTER FOR DECISION: Principal matter Evidence Act 1995 LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Passenger Transport Act 1990 Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60 McDonald v Director General of Social Security (1984) 1 FCR 354 Macedonian Teachers Association of Victoria Inc v Human Rights &Equal Opportunity Commission & Anor [1998] 1650 FCA 21 December 1998 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 ALR 449 CASES CITED: Briginshaw v Briginshaw (1938) 60 CLR 336 Qamar v Director General Department of Transport [2000] NSW ADT 92 Wright v Wright (1948) CLR 191 Re T and the Director of Youth and Community Services [1980] 1 NSWLR 392 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Singh v Director General, Department of Transport [1999] NSWADT 96 APPLICANT REPRESENTATION: A Monzo, barrister RESPONDENT A Wozniak ORDERS: 1 .Pursuant to s63(3)(b) I vary the decision of the Director-General to suspend Mr Taylor's authority to drive a public passenger vehicle by making it a decision to cancel Mr Taylor's authority to drive a public passenger vehicle.; 2 .Pursuant to s88(1) I make no award of costs.; 3. I direct that Exhibit 1 be returned to Mr Taylor, and that material produced under summons by the Department of Community Services be returned to Mr David Croke in the Legal Services section of that Department.