Rasheed -v- Director General, Department of Transport [2000] NSWADT 5

CITATION: Rasheed -v- Director General, Department of Transport [2000] NSWADT 5 DIVISION: General Division APPLICANT PARTIES: Haroon Rasheed RESPONDENT Director General, Department of Trasnport FILE NUMBER: 993202 HEARING DATES: 14/10/99 SUBMISSIONS CLOSED: 10/14/1999 DATE OF DECISION: 01/11/2000

BEFORE: Skinner PM - Judicial Member APPLICATION: Passenger Transport Act - taxi driver - grant of authority - Taxi driver - grant of authority MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Passenger Transport Act 1990 Crimes Act 1900 Re T and the Director of Youth and Community Services [1980] 1 NSWLR 392 at 393 CASES CITED: Sakellis v Officer in Charge of Police, Paddington (1968) 88 W.N. 541 Maythisathit and Registrar of Motor Vehicles [1996] ACT 165 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 APPLICANT REPRESENTATION: D Lawman, Peter R Murphy & Co, Solicitors RESPONDENT A Wozniak, Smythe & Mallam, Solicitors ORDERS: 1. The decision of the Director General, NSW Department of Transport refusing the applicant's application for authority to drive taxi cabs is set aside.; 2. A Decision that pursuant to Division 2 of Part 2 of the Passenger Transport Act 1990 an authority to drive taxi cabs be granted to the applicant is substituted.

Reasons for Decision

Application 1 This is an application by Mr Rasheed for review by this Tribunal of a decision by the Director General, NSW Department of Transport to refuse to grant him an authority to drive taxi-cabs under Division 2 of Part 2 of the Passenger Transport Act 1990 ('the Act').