Haidary -v- Director General, Department of Transport (GD) [2000] NSWADTAP 26

Appeal Panel

CITATION: Haidary -v- Director General, Department of Transport (GD) [2000] NSWADTAP 26 APPLICANT Zabihullah Haidary PARTIES: RESPONDENT Director General, Department of Transport FILE NUMBER: 009029 HEARING DATES: 04/11/2000 SUBMISSIONS CLOSED: 11/04/2000 DATE OF DECISION: 12/13/2000

Principal matter DECISION UNDER APPEAL: BEFORE: Hennessy N (Deputy President); Rice S - Judicial Member; Mapperson K - Member CATCHWORDS: opportunity to be heard MATTER FOR DECISION: Principal matter FILE NUMBER UNDER APPEAL: 003150 DATE OF DECISION UNDER APPEAL: 08/16/2000 LEGISLATION CITED : Passenger Transport Act 1990 Director General, Department of Transport -v- Rasheed [2000] NSWADTAP 16 CASES CITED: Kioa v West (1985) 159 CLR 550 Haidary v Director General Department of Transport (2000) NSWADT 106 APPLICANT REPRESENTATION: In person RESPONDENT A Wozniak, solicitor ORDERS: 1. The appeal is allowed; 2. The decision of the Tribunal in Haidary v Director General, Department of Transport (2000) NSW ADT 106 dated 3 August 2000 is set aside; 3. The case is remitted to be heard and decided again by the Tribunal; 4. When hearing and deciding the matter again, the Tribunal is to comply with the following directions: (a) The matter is to be determined on the basis of the oral and documentary evidence which was before the Tribunal at first instance, with the following exceptions: (i) The applicant is to be given the opportunity to present oral evidence in relation to the circumstances of the offence (ii) The respondent is to be given an opportunity to cross examine the applicant only in relation to matters on which he was not previously cross examined.; (ii) The respondent is to provide to the Tribunal and the applicant, and the Tribunal is to take account of, any evidence of Mr Miller's "version of events" if it is available.