Assadourian v Roads and Traffic Authority [2013] NSWADT 6

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Assadourian v Roads and Traffic Authority [2013] NSWADT 6 Hearing dates: 12, 13 June 2012, 4 July 2012 Decision date: 11 January 2013 Jurisdiction: General Division Before: S Montgomery, Judicial Member Decision: 1. In Matter No. 093327 the decision under review is affirmed 2. In Matter No. 113148 the decision under review is varied to provide that the Applicant is disqualified from holding an operators licence or a drivers certificate for a period of two years from 28 days after the date of this decision. Catchwords: Tow Truck Industry Act - refusal of application for drivers certificate - 'fit and proper person' - disqualification - carry on business as a tow truck operator Legislation Cited: Administrative Decisions Tribunal Act 1997 Tow Truck Industry Act 1998 Tow Truck Industry Regulation 2008 Cases Cited: A Solicitor v Council of the NSW Law Society (2004) 216 CLR 253. ASP Ship Management Pty Limited v Administrative Appeals Tribunal (2006) 149 FCR 261; [2006] FCAFC 23 at paragraph [94]: Assadourian v Roads and Traffic Authority of New South Wales (Northern Region) [2011] NSWSC 1052 Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321; [1990] HCA 33 Besser v Kermode [ 2011] NSWCA 174 Chaining v Commissioner of Police, NSW Police Service (1999) NSWADT 6 Clearihan v Registrar of Motor Vehicle Dealers in the Australian Capital Territory (1994) 122 ACTR 25 Department of Transport and Infrastructure v Murray (GD) [2011] NSWADTAP Director General, Transport NSW v AIC (GD) [2011] NSWADTAP 65 Ereira v Roads and Traffic Authority (No 2) [2010] NSWADT Gurdler v Roads and Maritime Services [2012] NSWADT 29 Hollis v Vabu Pty Ltd [2001] HCA 44; 207 CLR 21 Hughes and Vale Pty Ltd v New South Wales (No. 2) [1955] HCA 28; (1955) 93 CLR 127 Humberstone v Northern Timber Mills (1949) 79 CLR 389 In re Davis [1947] HCA 53; (1947) 75 CLR 409 L&B Linings Pty Ltd v WorkCover Authority of New South Wales [2011] NSWSC 474. Law Society of NSW v Bannister (unreported Court of Appeal, 27 August 1993, BC930181 Minister for Immigration and Citizenship v SZJGV (2009) 238 CLR 642 Palumberi -v- General Manager, Tow Truck Authority of New South Wales [2001] NSWADT 206 Raymond Robbins v Business Licensing Authority (2000) VCAT 457 Sobey v Commercial and Private Agents Board 20 SASR 70 Trilin v Commissioner of Fair Trading [2003] NSWADT Category: Principal judgment Parties: John Assadourian (Applicant) Roads and Traffic Authority of New South Wales (Respondent) Representation: Counsel M Condon (Applicant) J Kirk SC and J King (Respondent) Sage Solicitors (Applicant) Smythe Wozniak Legal (Respondent) File Number(s): 093327, 113148