NSW Caselaw
CITATION: Ereira v Roads and Traffic Authority (No 2) [2010] NSWADT 220
DIVISION: General Division
APPLICANT Daniel Ereira PARTIES: RESPONDENT Roads & Traffic Authority
FILE NUMBER: 083347
HEARING DATES: 21 June 2010
SUBMISSIONS CLOSED: 21 September 2010
DATE OF DECISION: 8 September 2010
BEFORE: Montgomery S - Judicial Member
CATCHWORDS: Tow Truck Industry Act - tow truck operator or driver - disqualification - grant of licence or certificate
LEGISLATION CITED : Tow Truck Industry Act 1998 Tow Truck Industry Regulation 2008
Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Chaining v Commissioner of Police, NSW Police Service (1999) NSWADT 6 Ereira v Roads & Traffic Authority [2009] NSWADT 299 Hughes and Vale Pty Ltd v New South Wales (No. 2) [1955] HCA 28; (1955) 93 CLR 127 CASES CITED: Kaldas v Tow Truck Authority of NSW [2006] NSWADT 337 Raymond Robbins v Business Licensing Authority (2000) VCAT 457 Shuttleworth v Tow Truck Authority of NSW [2006] NSWADT 301 Sobey v Commercial and Private Agents Board 20 SASR 70 Trilin v Commissioner of Fair Trading [2003] NSWADT 222
APPLICANT A Jamieson, barrister REPRESENTATION: RESPONDENT A Wozniak, solicitor
ORDERS: The decision under review is affirmed.
REASONS FOR DECISION
1 This is an Application for review of a decision made by the General Manager of the Respondent refusing the Applicant's application for a Tow Truck Driver's certificate and to disqualify the Applicant from holding a Tow Truck Drivers Certificate for a period of 10 years.
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