Chowdhury v Department of Transport and Infrastructure [2010] NSWADT 199

CITATION: Chowdhury v Department of Transport and Infrastructure [2010] NSWADT 199

DIVISION: General Division

APPLICANT ATM Chowdhury PARTIES: RESPONDENT Department of Transport & Infrastructure

FILE NUMBER: 093319

HEARING DATES: 23 March 2010

SUBMISSIONS CLOSED: 4 August 2010

DATE OF DECISION: 12 August 2010

BEFORE: Molony P - Judicial Member

CATCHWORDS: Passenger Transport Act - Taxi driver - cancellation of authority

Passenger Transport Act 1990 LEGISLATION CITED : Passenger Transport Regulation 2007 Administrative Decisions Tribunal Act 1997

Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Maythisathit and Registrar of Motor Vehicles [1996] ACT 165 CASES CITED: Farquharson -v- Director General, Department of Transport [1999] NSWADT 53 Saadieh v Director General, Department of Transport [1999] NSWADT 68 Re T and Anor and the Director of Youth and Community Services [1980] 1 NSWLR 392 Director General, Department of Transport v Z (No.2) (GD) [2002] NSWADTAP 37

APPLICANT M Jools, Agent REPRESENTATION: RESPONDENT A Wozniak, solicitor

ORDERS: The decision of the Agency to cancel Mr Chowdhury's taxi authority is set aside.

REASONS FOR DECISION

1 Mr Chowdhury is a taxi-driver. On 2 December 2009 the NSW Department of Transport and Infrastructure (the Agency) made a decision to cancel his authority to drive a taxi-cab issued under the Passenger Transport Act 1990. That decision was made on the basis of three incidents in which Mr Chowdhury was alleged to have been detected in Bayswater Road, Kings Cross, kerb crawling and refusing offers for hire.