Sikka v Roads and Maritime Services [2014] NSWCATOD 138

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sikka v Roads and Maritime Services [2014] NSWCATOD 138 Hearing dates: 29 September and 29 October 2014 Decision date: 25 November 2014 Jurisdiction: Occupational Division Before: R Deutsch, Senior Member Decision: Decision to refuse the authorisation to drive a taxi-cab is affirmed Catchwords: Taxi- driver, authorisation, honesty, remorse Legislation Cited: Passenger Transport Act 1990 Cases Cited: Ahmadi v Director General Department of Transport 2002 NSWADT 8

Khan v Maritime Services 2014 NSWCATOD 23 Category: Principal judgment Parties: Amit Sikka (Applicant)

Roads and Maritime (Respondent) Representation: M Jools (Applicant's agent) Smythe Wozniak (Respondent) File Number(s): 1420246

reasons for decision

Introduction 1Mr Sikka held a taxi-cab driver authority under the Passenger Transport Act and commenced to work as a taxi driver from around April 2009. 2On 28 April 2012 Roads and Maritime Services (RMS) cancelled his taxi-cab driver authority and on 10 May 2012 affirmed that decision after an internal review. 3On 11 March 2013 the Administrative Decisions Tribunal (ADT) affirmed that decision. 4Mr Sikka sought and by decision of an ADT Appeal Panel dated 27 June 2013, he was granted leave to appeal that decision. 5On 25 October 2013 that appeal was dismissed by an ADT Appeal Panel. 6Mr Sikka applied for a new Authority to drive taxi-cabs by way of written application dated 19 March 2014. 7That application was refused in June 2014 in a determination made by RMS in accordance with Section 33 of the Passenger Transport Act 1990 to refuse Mr Sikka's application for authorisation to drive taxi-cabs. 8Mr Sikka now applies for a review of that determination.