Confos v Department of Transport and Infrastructure [2011] NSWADT 22

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Confos v Department of Transport and Infrastructure [2011] NSWADT 22 Hearing dates: 20 January 2011 Decision date: 02 February 2011 Before: Magistrate N Hennessy, Deputy President Decision: 1. The decision of the respondent to cancel the applicant's taxi driver authority is set aside. 2. Pursuant to s 75(2)(b) of the Administrative Decisions Tribunal Act, 1997, the disclosure of the name, address, picture or any other material that identifies, or may lead to the identification of the witness 'Lauren' is prohibited. Catchwords: Merits review of decision to cancel taxi-authority - sexually explicit conversation with passenger - whether fit and proper and of good repute Legislation Cited: Administrative Decisions Tribunal Act 1997 Passenger Transport Act 1990 Cases Cited: Re Pochi and Minister for Immigration and Ethnic Affairs (1979) 2 ALD 33. Nehma v Director General, Department of Transport [2002] NSWADT 242; Bondar v Ministry of Transport [2008] NSWADT 318; Abdou -v- Director General, Department of Transport [1999] NSWADT 98; Mohammed v Director-General, Department of Transport [2000] NSWADT 47; Sikder -v- Director General, Department of Transport [2002] NSWADT 148, Qamar -v- Director General, Department of Transport [2000] NSWADT 92; Tzoudas v Ministry of Transport [2008] NSWADT 350; Reddy v NSW Department of Transport and Infrastructure [2010] NSWADT 200; Georgiou v Ministry of Transport [2007] NSWADT 123; Succar v Ministry of Transport [2009] NSWADT 90; Nikolovski v Ministry of Transport [2009] NSWADT 21. Underabi v Ministry of Transport [2008] NSWADT 349 Gomes v Ministry of Transport [2008] NSWADT 303 Category: Principal judgment Parties: Michael Confos (Applicant) Department of Transport and Infrastructure (Respondent) Representation: Julian Gormly (Applicant) A Wozniak (Respondent) File Number(s): 103279 Publication restriction: Section 75 of the Administrative Decisions Tribunal Act 1997 applies