Sharp Towing Pty Ltd and ors v Tow Truck Authority of New South Wales [2008] NSWADT 57

Set aside by Appeal :

CITATION: Sharp Towing Pty Ltd and ors v Tow Truck Authority of New South Wales [2008] NSWADT 57

DIVISION: General Division

FIRST APPLICANT Sharp Towing Pty Ltd

SECOND APPLICANT Reggie Agius PARTIES: THIRD APPLICANT Alison Agius

RESPONDENT Tow Truck Authority of New South Wales

FILE NUMBER: 073253, 073254, 073255

HEARING DATES: 19 November 2007

SUBMISSIONS CLOSED: 19 November 2007

DATE OF DECISION: 20 February 2008

BEFORE: Leal S - Judicial Member

CATCHWORDS: Tow Truck Industry Act - tow truck operator or driver - disqualification - grant of licence or certificate

MATTER FOR DECISION: Preliminary matter

Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Tow Truck Industry Act 1998 Tow Truck Industry Regulation 1999

CASES CITED: Jacobs v Commissioner of Police New South Wales Police Service [2003] NSWADT 180

FIRST APPLICANT In person

SECOND APPLICANT In person REPRESENTATION: THIRD APPLICANT In person

RESPONDENT A Wozniak, solicitor

The Tribunal retains a discretion in relation to each of the three matters before it: 1. The decision to disqualify Rennie Agius from holding a Tow Truck Drivers Certificate for five years until 24 August 2012. ORDERS: 2. The decision to refuse the application by Alison Agius for a Tow Truck Driver's Certificate. 3. The decision to refuse the application by Sharp Towing Pty Ltd for a Tow Truck Operators Licence. 4.The three matters are to be listed for Directions on Tuesday 4 March 2008 at 2pm to obtain a further hearing date.