Moujalli v Roads and Maritime Services [2014] NSWCATOD 63

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Moujalli v Roads and Maritime Services [2014] NSWCATOD 63 Hearing dates: 14 November 2013 Decision date: 12 June 2014 Jurisdiction: Occupational Division Before: S Montgomery, Senior Member Decision: 1. The decisions under review are set aside. 2. The matters are remitted to the Respondent under section 63(3)(d) of the Administrative Decision Tribunal Act 1997 for reconsideration in accordance with these reasons for decision. Catchwords: Tow Truck Industry Act - refusal of application for drivers certificate - refusal of request to lift the suspension of drivers certificate - 'fit and proper person' - public interest - discretionary grounds of refusal Legislation Cited: Administrative Decisions Tribunal Act 1997 Civil and Administrative Tribunal Act 2013 Tow Truck Industry Act 1998 Tow Truck Industry Regulation 2008 Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Howell v Macquarie University [2008] NSWCA 26 Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 Potts v Commissioner of Police, NSW Police Service [2010] NSWADT 311 Category: Principal judgment Parties: Joseph Moujalli (Applicant) Roads and Maritime Services (Respondent) Representation: P Lange (Applicant) D Rayment (Respondent) Murphy's Lawyers Inc (Applicant) Smythe Wozniak Solicitors (Respondent) File Number(s): 123036, 123158