Martinez v Roads and Maritime Services [2014] NSWCATOD 99

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Martinez v Roads and Maritime Services [2014] NSWCATOD 99 Hearing dates: 23 July 2014 Decision date: 23 July 2014 Jurisdiction: Occupational Division Before: J McAteer, Senior Member Decision: 1. Due to evidence of a breach of the conditions entered into on the Applicant's undertaking on 1 July 2014, I lift the stay granted on 1 July 2014 until further order of the Tribunal. Catchwords: Lifting of Stay - Breach of Undertaking - Conditions Legislation Cited: Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Category: Interlocutory applications Parties: Luciano Martinez Roads and Maritime Services Representation: L Martinex (Applicant in person) File Number(s): 1330346

reasons for decision

Background 1This matter came before me for hearing on 23 July 2014. The substantive application is an application by Mr Martinez for a review of a decision by the Respondent to cancel his taxi-cab driver authority. These reasons relate to the lifting of a stay. 2The matter first came before the Administrative Decisions Tribunal (the ADT) on 26 November 2013 where the matter was set down for hearing on 28 January 2014 with a half day estimate. A stay was granted on the decision under review until further order by the Tribunal. Both parties were present. 3On 28 January 2014 the matter came before a Senior Member of the NSW Civil and Administrative Tribunal (the Tribunal) whereby Mr Wozniak appeared for the Respondent and by consent sought a full day hearing. It appears that as a result the 28 January 2014 date was vacated and the matter was set down for hearing on 2 April 2014 for a full day hearing. 4On 2 April 2014 the matter cane before the Tribunal for hearing. Mr Wozniak appeared for the Respondent and there was no appearance for the Applicant. The Senior Member made an order dismissing the application to the Tribunal for failure to appear pursuant to section 55 (1) (c) of the Civil and Administrative Tribunal Act 2013. As a consequence of that decision, the decision of the Roads and Maritime Services to cancel the drivers authority was no longer stayed and the drivers authority remained cancelled. 5The matter was listed on the Applicant's application for leave to reopen the application before the Tribunal. That application came before a Senior Member on 15 April 2014. Both the Applicant and the Respondent's representative were present. An order was made to reinstate the application and a stay was granted on the decision to cancel the drivers authority. A number of directions were made concerning the future conduct of the proceedings and the matter was fixed for hearing on 12 June 2014 at 10:00am with a half day estimate. 6On 12 June 2014 the matter again came before the Tribunal for hearing. There was no appearance for the Applicant. Various attempts were made by the Registry to contact the Applicant on two separate mobile telephone numbers without success in the 30 minutes following the non- appearance of the Applicant. At 10:30am the Senior Member dismissed the matter due to there being no appearance of the Applicant pursuant to section 55 (1) (c) of the Civil and Administrative Tribunal Act 2013. 7On 24 June 2014 the Applicant again applied for leave to reopen his application for a review of the decision to cancel his drivers authority. The Applicant appeared and the Respondent was represented. The application to reopen the matter was granted and an order was made that the Applicant pay the amount of $500.00 towards the Respondent's costs of attending the hearing on 12 June 2014 and 24 June 2014. The matter was adjourned for hearing on 23 July 2014 at 2:00pm for a half day duration. 8Later on 24 June 2014 it appears that the Applicant filed an application for a stay. That matter was listed for hearing of the stay application on 1 July 2014 at 9:30am. 9On 1 July 2014 the matter came before the Tribunal for the stay application. The Senior Member granted the stay on the basis that Mr Martinez made an undertaking to comply with the relevant regulations in the interim, eg: logging on and to make payments to Roads and Maritime Services for $500.00 costs awarded. 10On 23 July 2014 the matter came before me for hearing with the half day estimate. At the conclusion of the Respondent's evidence in chief, and the Applicant's evidence in chief, and part way through the Respondent's cross examination of the Applicant, it became evident that the matter would be part heard.