Abawi v Director General, Department of Transport [2003] NSWADT 34

CITATION: Abawi v Director General, Department of Transport [2003] NSWADT 34 DIVISION: General Division APPLICANT PARTIES: Zarak Abawi RESPONDENT Director General, Department of Transport FILE NUMBER: 023128 HEARING DATES: 13/08/2002, 30/08/2002, 30/10/2002, 29/11/2002 SUBMISSIONS CLOSED: 12/13/2002 DATE OF DECISION: 02/28/2003

BEFORE: Higgins S - Judicial Member APPLICATION: Passenger Transport Act - taxi driver - cancellation of authority - Passenger Transport Act - taxi operator - cancellation of accreditation - Taxi driver - cancellation of authority - Taxi operator - cancellation of accreditation MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal Act 1997 Evidence Act 1995 Passenger Transport (Taxi-cab Services) Regulation 1995 LEGISLATION CITED : Passenger Transport (Taxi-Cab Services) Regulation 2001 Passenger Transport Act 1990 Road Transport (General) Act 1999 Road Transport (Safety and Traffic Management) Act 1999 YG & GG v Minister for Community Services [2002] NSWCA 247 Re T and the Director of Youth and Community Services [1982] 1 NSWLR 392 Director-General, Department of Transport v Z [2002] NSWADTAP 37 Goody v Oldmans Press Ltd [1967] 1 QB 33 CASES CITED: Singh v Director-General, Department of Transport [1999] NSWADT 9 Farquharson v Director-General, Department of Transport [1999] NSWADT 53 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Hughes and Vale Pty Ltd v State of New South Wales (1955) 93 CLR 127 Maythisathit and Registrar of Motor Vehicles [1996] AATACT 165 APPLICANT In person (13 & 30 August 2002, 30 October 2002) REPRESENTATION: J Overall, barrister (29 November 2002) RESPONDENT A Wozniak, solicitor ORDERS: 1 The decision of the Director General to cancel Mr Abawi's taxi driver authority is affirmed; 2 The decision of the Director General to cancel Mr Abawi's taxi operator accreditation is affirmed.