Morgan v Director-General, Ministry of Transport [2003] NSWADT 257

CITATION: Morgan v Director-General, Ministry of Transport [2003] NSWADT 257 DIVISION: General Division APPLICANT PARTIES: David Noel Morgan RESPONDENT Director-General, Ministry of Transport FILE NUMBER: 033162 and 033163 HEARING DATES: 25/09/03 SUBMISSIONS CLOSED: 09/25/2003 DATE OF DECISION: 12/04/2003

BEFORE: Montgomery S - Judicial Member APPLICATION: Passenger Transport Act - public passenger vehicle - cancellation of authority - Passenger Transport Act - tourist service operator - grant of accreditation - public passenger vehicle - cancellation of authority - Tourist Service operator - grant of accreditation MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 Passenger Transport Act 1990 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 at [63] Loye v Director-General, Department of Transport [2000] NSWADT 145 Maythisathit v Registrar of Motor Vehicles (1996) ACT 165 McNamara v. Arnold - BC9502405 (Supreme Court of South CASES CITED: McNamara in Singh-v- Director General, Department of Transport [1999] NSWADT 96 Saadieh v Director-General, Department of Transport [1999] NSWADT 168 Singh-v- Director General, Department of Transport [1999] NSWADT 96 Stasos v Tax Agents' Board of NSW 21 ATR 974 Tand the Director of Youth and Community Services [1980] 1 NSWLR 392 APPLICANT REPRESENTATION: R O'Connor, solicitor RESPONDENT A Wozniak, solicitor ORDERS: 1 The decision of the Director General of the Ministry of Transport dated 3 June 2003 to cancel Mr Morgan's public passenger vehicle driver authority is set aside; ; 2 The decision of the Director General of the Ministry of Transport dated 10 April 2003 to refuse Mr Morgan's application for accreditation to operate a Tourist and Charter Service is set aside; and ; 3 Mr Morgan's application for accreditation to operate a Tourist and Charter Service is remitted for reconsideration by the Director-General.