B.S Fisher & E.A Fisher v Roads and Maritime Services [2014] NSWSC 858

Supreme Court New South Wales

Medium Neutral Citation: B.S Fisher & E.A Fisher v Roads and Maritime Services [2014] NSWSC 858 Hearing dates: 12 May 2014 Decision date: 03 July 2014 Jurisdiction: Common Law Before: Adams J Decision: 1. Declare the determination of the first defendant dated 22 January 2014 and the review decision dated 26 February 2014 are invalid. 2. Set aside the determination in order 1. 3. The first and second defendants to pay the plaintiff's costs. Catchwords: ADMINISTRATIVE LAW - cancellation of plaintiff's accreditation - jurisdictional error - failure to take into account a relevant consideration Legislation Cited: Transport Administration Act 1988 (NSW) Passenger Transport Act 1990 (NSW) Passenger Transport Regulation 1997 (NSW) Administrative Decisions Review Act 1997 (NSW) Cases Cited: Hill v Green (1999) 48 NSWLR 161 Marine Hull Liability Insurance Co Ltd v Hurford (1985) 10 FCR 234 Marine Hull Liability Insurance Co Ltd v Hurford (1986) 10 FCR 476 Queensland Newsagents Federation Ltd v Trade Practices Commission (1993) 46 FCR 38 Twist v Randwick Municipal Council (1976) 136 CLR 106 Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11; 209 CLR 597 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1985-1986] 162 CLR 24 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 Category: Principal judgment Parties: B.S Fisher & E.A Fisher (plaintiff) Roads and Maritime Services (first defendant) Transport for NSW (second defendant) Newcombe Coach Lines Pty Limited (third defendant) Representation: Counsel: D Randle (plaintiff) A Gerard (first and second defendants) J Castaldi (third defendant) Solicitors: Michael Kreveld Legal (plaintiff) Hunt & Hunt Lawyers (first and second defendants) Moray & Agnew (third defendant) File Number(s): 2014/107809