Gurdler v Roads and Maritime Services [2012] NSWADT 29

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Gurdler v Roads and Maritime Services [2012] NSWADT 29 Hearing dates: 17 January 2012 Decision date: 22 February 2012 Jurisdiction: General Division Before: M Chesterman, Deputy President Decision: 1. The decision under review is set aside. 2. The Applicant is to be granted a drivers certificate under the Tow Truck Industry Act 1998. 3. The interim order made by the Tribunal on 15 December 2011 is discharged. Catchwords: Tow Truck Industry Act - refusal of application for drivers certificate - 'fit and proper person' - public interest - discretionary and mandatory grounds of refusal Legislation Cited: Administrative Decisions Tribunal Act 1997 Crimes (Sentencing Procedure) Act 1999 Tow Truck Industry Act 1998 Tow Truck Industry Regulation 2008 Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321; [1990] HCA 33 Barrett -v- Director General, Department of Transport [2000] NSWADT 183 Chaining v Commissioner of Police, NSW Police Service [1999] NSWADT 6 Ereira v Roads and Traffic Authority (No 2) [2010] NSWADT Kaldas v Tow Truck Authority of NSW [2006] NSWADT 337 Law Society of NSW v Bannister, Unreported, Court of Appeal, 27 August 1993, BC930181 Lloyd -v- Director General, Department of Transport [2001] NSWADT 201 RTA v Sharp Towing Pty Ltd and ors (GD) [2008] NSWADTAP 49 Shuttleworth v Tow Truck Authority of NSW [2006] NSWADT 301 Sleiman v Tow Truck Authority of New South Wales (GD) [2005] NSWADTAP 46 Trilin v Commissioner of Fair Trading [2003] NSWADT 222 Category: Principal judgment Parties: David Tony Gurdler (Applicant) Roads and Maritime Services (Respondent) Representation: P Lange (Applicant) Murphy's Lawyers Inc (Applicant) Smythe & Wosniak (Respondent) File Number(s): 113348