Roads and Maritime Services v Rifahi [2015] NSWCATAP 43

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Roads and Maritime Services v Rifahi [2015] NSWCATAP 43 Hearing dates: 8 December 2014 Date of orders: 16 March 2015 Decision date: 16 March 2015 Jurisdiction: Appeal Panel Before: N Hennessy LCM, Deputy President M Jerram Acting LCM, Senior Member Decision: 1. Leave is refused for Roads and Maritime Services to appeal on grounds other than a question of law 2. The appeal is dismissed. Catchwords: CIVIL AND ADMINISTRATIVE TRIBUANL – appeal – exercise of statutory discretion – taxi driver – fit and proper person – good repute - failure to take into account relevant considerations - unreasonableness Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Passenger Transport Act 1990 (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond (Bond Media Case) 170 CLR 321 Collins v Urban [2014] NSWCATAP 17 Council of the New South Wales Bar Association v Franklin (No 2) [2014] NSWCA 428 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Lloyd v Director General, Department of Transport [2001] NSWADT 201 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Sean Investments Pty Ltd v MacKellar (1981) 38 ALR 363 Sobey v Commercial Agents Board (1979) 22 SASR 70 Ziems v Prothonatory of the Supreme Court of New South Wales [1957] HCA 46; 97 CLR 279 Category: Principal judgment Parties: Roads and Maritime Services (Appellant) Mohammed Rifahi (Respondent) Representation: M Robinson SC (Appellant) Respondent (in person) File Number(s): AP 14/46510 (AP 14/0332) Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Date of Decision: 8 August 2014 Before: A Scahill, Senior Member File Number(s): 1420137