Assi v Roads & Maritime Services [2013] NSWADT 159

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Assi v Roads & Maritime Services [2013] NSWADT 159 Hearing dates: 19 February 2013 Decision date: 12 July 2013 Jurisdiction: General Division Before: S Montgomery, Judicial Member Decision: The decision under review is affirmed Catchwords: Taxi driver authority, refusal of application, fit and proper person Legislation Cited: Administrative Decisions Tribunal Act 1997 Passenger Transport Act 1990 Cases Cited: Assi v Director General, Transport NSW [2012] NSWADT Commissioner of Police, New South Wales Police v Mercer (GD) [2005] NSWADTAP 55 Director General Transport for NSW v Assi (GD) [2011] NSWADTAP 68 Ex Parte Tziniolis (1966) 67 SR (NSW) 448 Health Care Complaints Commission v Litchfield [1997] NSWSC 297; (1997) 41 NSWLR 630 Loye v Director General, Department of Transport [2000] NSWADT 145 Reddy v NSW Department of Transport and Infrastructure [2010] NSWADT 200 Category: Principal judgment Parties: Joubran Assi (Applicant) Roads & Maritime Services (Respondent) Representation: Counsel M Robinson, SC (Respondent) Barakat Lawyers (Applicant) Smythe Wozniak Legal (Respondent) File Number(s): 123157

reasons for decision 1GENERAL DIVISION (S MONTGOMERY, (JUDICIAL MEMBER)): This is an application by Mr Assi, the Applicant, for review of the decision of the Respondent, Roads & Maritime Services. A Delegate of the Director General of the Respondent refused the Applicant's application for a taxi-driver authority. That decision was made pursuant to 33 of the Passenger Transport Act 1990 ("the Act"). 2The Applicant sought an internal review of that refusal and the refusal was affirmed. The Applicant then applied to the Tribunal seeking external review of the refusal decision.