Ceepee Pty Ltd v Roads and Maritime Services [2014] NSWCATAD 74

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ceepee Pty Ltd v Roads and Maritime Services [2014] NSWCATAD 74 Hearing dates: 8, 9 August 2013 Decision date: 05 May 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: 1. The decision under review is set aside. 2. The decision is made that the operator's accreditation held by the Applicant is suspended until such time as the Applicant is able to satisfy the Respondent that it is able to ensure compliance with all relevant legislative requirements. 3. This decision is to take effect 28 days from the date of these reasons. Catchwords: Hire car - operator's accreditation - cancellation - fit and proper - designated manager - suspension of accreditation Legislation Cited: Administrative Decisions Tribunal Act 1997 Civil and Administrative Tribunal Act 2013 Passenger Transport Act 1990 Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321; 94 ALR 11; 64 ALJR 462; 21 ALD 1. Department of Transport and Infrastructure v Murray (GD) [2011] NSWADTAP 16 Hughes and Vale v State of New South Wales (No 2) [1955] HCA 28; (1955) 93 CLR 127 McDonald v Director-General of Social Security [1984] FCA 57; (1984) 1 FCR 354 Category: Principal judgment Parties: Ceepee Pty Ltd (Applicant) Roads and Maritime Services (Respondent) Representation: Counsel J Doyle (Applicant) K Eastman (Respondent) Searson Shannon & Co Pty Ltd (Applicant) Smythe Wozniak Legal (Respondent) File Number(s): 133174