Khan v Roads and Maritime Services [2015] NSWCATAP 265

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Khan v Roads and Maritime Services [2015] NSWCATAP 265 Hearing dates: 12 August 2015 Date of orders: 09 December 2015 Decision date: 09 December 2015 Jurisdiction: Appeal Panel Before: S Higgins, Principal Member S Thode, General Member Decision: Leave to appeal is refused. The appeal is otherwise dismissed. Catchwords: Administrative review – appeal – the tribunal affirmed the decision of the respondent to cancel the appellant's taxi cab driver authority - three grounds of appeal – namely a failure to take into account relevant considerations arising from the CCTV footage in making findings of fact, taking into account an irrelevant consideration (tribunal's own observations of the CCTV footage) and a failure to take into account a relevant factor in determining the appellant's status as fit and proper – no error of law – whether to grant leave to consider "other grounds" – refused. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Passenger Transport Act 1990 Cases Cited: Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Director General, Department of Finance & Services v Porter [2014] NSWCATAP 6 Hannaford v Commonwealth Bank of Australia [2014] NSWCA 297 House v The King [1936] HCA 40 John Prendergast & Vanessa Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Khan v Roads and Maritime Services [2014] NSWCATOD 128 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Sean Investments v McKeller (1981) 38 ALR 636 YG and GG v Minister for Community Services [2002] NSWCA 247 Category: Principal judgment Parties: Muhammad Khan (appellant) Roads and Maritime Services (respondent) Representation: Counsel: P Lott for the appellant