NSW Caselaw
New South Wales Supreme Court
Ali v RTA & Anor [2005] NSWSC 612 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 21 June 2005
JUDGMENT DATE : 29 June 2005
JURISDICTION : Common Law Division
JUDGMENT OF : Associate Justice Harrison
DECISION : (1) The decision of Magistrate Flack dated 14 October 2004 is affirmed; (2) The further amended summons filed 24 March 2005 is dismissed; (3) The plaintiff is to pay the defendants' costs as agreed or assessed.
CATCHWORDS : Local Court decision - certorari - "fit and proper person" s 18(1)(c) Driving Instructors Act 1992
Driving Instructors Act 1992 (NSW) - s 18(1)(c) LEGISLATION CITED : Local Courts (Civil Claims) Act 1970 (NSW) - s 69 Supreme Court Act 1970 (NSW) - s 23
Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Craig v The State of South Australia (1995) 184 CLR 163 Hughes and Vale Pty Ltd v New South Wales (No 2) (1955) 93 CLR 127 CASES CITED : Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 R v Electricity Commissioners; ex parte London Electricity Joint Committee Co Ltd [1924] 1 KB 171 Raymond Robbins v Business Licensing Authority [2000] VCAT 457 Sobey v Commercial Private Agents Board (1979) 22 SASR 70
Maqsud Ali (Plaintiff)
Road and Traffic Authority PARTIES : (First Defendant)
Local Court of New South Wales, Liverpool (Second Defendant)
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