Farquharson v Director General, Department of Transport [1999] NSWADT 36

CITATION: Farquharson v Director General, Department of Transport [1999] NSWADT 36

DIVISION: General

APPLICANT: Neil Farquharson

RESPONDENT: Director General, Department of Transport

FILE NUMBER: 993080

HEARING DATES: 05/11/1999

SUBMISSIONS CLOSED: 05/11/1999

DATE OF DECISION: 17 May 1999

K P O'Connor DCJ - President BEFORE:

PRIMARY LEGISLATION: Passenger Transport Act 1990

APPLICATION: Review of decision to suspend taxi-cab authority -

MATTER FOR DECISION: Interim stay application; Jurisdiction to make stay order

Applicant: In person REPRESENTATION: Respondent: P Culbert, solictior, NSW Department of Transport

ORDERS: 1. Application dismissed

1 This decision relates to a stay application. It deals primarily with a preliminary objection to the jurisdiction of the Tribunal to deal with that application.

2 By notice dated 22 April 1999 the Director-General of the Department of Transport ('the administrator'), acting pursuant to s.14 of the Passenger Transport Act 1990 ('the Act') suspended the authority to drive a public passenger vehicle (a taxi) held by Neil Farquharson ('the applicant'). The administrator undertook an internal review of the decision at the request of the applicant, and confirmed it. On 5 May 1999 the applicant lodged an application for review of the decision. On 11 May 1999 the Tribunal heard the applicant's application for a stay of the decision pending hearing of the application for review. The stay application is made pursuant to s.60 of the Administrative Decisions Tribunal Act 1997 ('the Tribunal Act').

3 The administrator's decision was made pursuant to s.14 of the Act which provides: " Variation, suspension or cancellation of authority 14. Having regard to the purpose of an authority, the Director-General may at any time vary, suspend or cancel any person's authority."