Hayek v RTA [2005] NSWLC 9

Local Court of New South Wales

CITATION: Hayek v RTA [2005] NSWLC 9 JURISDICTION: Civil PARTIES: Mamdouh Hayek Roads and Traffic Authority of New South Wales FILE NUMBER: 33849/05/3 PLACE OF HEARING: Parramatta DATE OF DECISION: 06/09/2005 MAGISTRATE: CATCHWORDS: RTA - Application - Authority Cl 63 Road Transport (Vehicle Registration) Regulation 1998. - Inspection Program Services - Suitable character - Fit and proper person - Licenses taken from appellant - motor vehicle examiner's licences - Blue slips - pink slips Road Transport (Vehicle Registration) Regulation 1998 Cl 63 LEGISLATION CITED: Road Transport (Vehicle Registration) Regulation 1998m Regulation 67 Regulation 67 (1) (b) s 413 New South Wales Crimes Act Roads & Traffic Authority of New South Wales v Mamdouh Hayek & Anor Studdert J CVaska v Director General of NSW Dept of Transport [2001] NSWSC 205 Simpson J R v Stalder [1981] 2 NSWLR 9 CASES CITED: R v Young (1999) 46 NSWLR 681 Kingston v Keprose (1987) 11 NSWLR 404 Attwood v The Queen Melbourne v The Queen (1999) 198 CLR 1 REPRESENTATION: Mr R Bartley Solicitor for and with the appellant Mr Hayek Mr Taylor of Messrs Hunt & Hunt Solicitors for the Roads and Traffic Authority ORDERS: The Appeal by Mamdouh Hayek against the decision of the Roads and Traffic Authority notified by letter dated 28 January 2005 is dismissed.

16 REASONS FOR DECISION

Nature of the Proceedings

By an Application to the Local Court dated 7 February 2005 Mr. Mamdouh Hayek (the appellant) appeals to this Court against a decision of the Roads and Traffic Authority (RTA) (the respondent) refusing to issue the appellant with an Authority pursuant to Clause 63 of the Road Transport (Vehicle Registration) Regulation 1998. The appellant was notified of this decision by way of letter from the Manager, Inspection Program Services of the Roads and Traffic Authority dated 28 January 2005.