Ereira v Roads & Traffic Authority [2009] NSWADT 299

CITATION: Ereira v Roads & Traffic Authority [2009] NSWADT 299

DIVISION: General Division

APPLICANT Daniel Ereira PARTIES: RESPONDENT Roads & Traffic Authority

FILE NUMBER: 083347

HEARING DATES: 15 September 2009

SUBMISSIONS CLOSED: 10 November 2009

DATE OF DECISION: 1 December 2009

BEFORE: Montgomery S - Judicial Member

CATCHWORDS: Tow Truck Industry Act - tow truck operator or driver - disqualification - grant of licence or certificate – statutory interpretation – mandatory refusal

Tow Truck Industry Act 1998 LEGISLATION CITED : Tow Truck Industry Regulation 2008 Crimes (Sentencing Procedure) Act 1999 Interpretation Act 1987

APLA v The Law Society of New South Wales (2005) 224 CLR 322 CASES CITED: R v Ingrassia (1996) 41 NSWLR 447 The Council of the Law Society of New South Wales v Australian Injury Helpline Limited & Ors [2008] NSWSC 627

APPLICANT A Jamieson, Barrister REPRESENTATION: RESPONDENT P O'Donnell, Barrister; A Wozniak, Solicitor

ORDERS: The matter is to be listed for further directions at a date suitable to the parties and the Tribunal.

REASONS FOR DECISION

1 This is an Application for review of a decision made by the General Manager of the Respondent to disqualify the Applicant from holding a Tow Truck Drivers Certificate for a period of 10 years.

2 The matter came before me for hearing on 15 September 2009. On that day it became apparent that a preliminary issue would need to be resolved prior to the consideration of the substantive issues. A timetable was set for the parties to make written submissions in regard to the preliminary issue.