Chen v Roads and Maritime Services [2016] NSWCATAP 16

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chen v Roads and Maritime Services [2016] NSWCATAP 16 Hearing dates: 9 December 2015 Date of orders: 20 January 2016 Decision date: 20 January 2016 Jurisdiction: Appeal Panel Before: Dr J Renwick SC, Senior Member R Titterton, Senior Member Decision: Leave to appeal is refused and the appeal is otherwise dismissed. Catchwords: PASSENGER TRANSPORT ACT AND REGULATIONS - Public passenger (taxi) driver license - fitness and propriety of license holder – where driver conveys drunk passenger via circuitous route to destination; short trip takes two hours

CIVIL AND ADMINISTRATIVE TRIBUNAL – Appeal – leave to appeal – no question of principle Legislation Cited: Administrative Decisions Tribunal Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Passenger Transport Act 1990 (NSW) Passenger Transport Regulation 2007 (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33 Drivas v Burrows [2014] NSWCATAP 87 Hughes & Vale Pty Limited v State of New South Wales (1955) 93 CLR 127 Pillai v Messiter (No 2) (1989) 16 NSWLR 197 Sobey v Commercial and Private Agents Board (1979) 22 SASR 70 Texts Cited: None Category: Principal judgment Parties: Yi Jin Chen (Appellant) Roads and Maritime Services (Respondent) Representation: Mr Hammond for the Applicant Mr Wozniak for the Respondent File Number(s): AP 15/45305 Publication restriction: None Decision under appeal Court or tribunal: Civil and Administrative Tribunal of New South Wales Jurisdiction: Occupational Division Citation: [2015] NSWCATOD 63 Date of Decision: 02 June 2015 Before: A Scahill, Senior Member File Number(s): 1520051