Babikir v Roads and Maritime Services [2014] NSWCATOD 61

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Babikir v Roads and Maritime Services [2014] NSWCATOD 61 Hearing dates: 28 April 2014 Decision date: 11 June 2014 Jurisdiction: Occupational Division Before: N Isenberg - Senior Member Decision: The decision under review is affirmed Catchwords: Taxi driver Legislation Cited: Passenger Transport Act 1990 Passenger Transport Regulation 2007 Cases Cited: Howell v Macquarie University [2008] NSWCA 26 Jones v Dunkel [1959] HCA 8 Manly Council v Byrne [2004] NSWCA 123 Saadieh v Director General, Department of Transport [1999] NSW ADT 68 Miah v Roads and Maritime Services [2013] NSWADT 264 Naveed v Roads and Maritime Services [2014] NSWCATOD 4 Sobey v Commercial and Private Agents Board [1979] 22 SASR 70 Loye v Director General, Department of Transport [2000] NSWADT 145 Saifi v Roads and Maritime Services [2014] NSWCATOD 24 Category: Principal judgment Parties: Eltag Babikir (Applicant) Roads and Maritime Services (Respondent) Representation: Counsel D Williams (Applicant) Kheir Lawyers (Applicant) Smythe Wozniak (Respondent) File Number(s): 1420050

reasons for decision 1The Respondent formed the view that the applicant, Eltag Babikir, is not a fit and proper person with sufficient responsibility and aptitude to hold a taxi-cab authority. Accordingly it decided to cancel the applicant's taxi driver authority. The applicant seeks review of that decision.