Sikka v Roads and Maritime Services (No 2) [2016] NSWCATOD 98

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sikka v Roads and Maritime Services (No 2) [2016] NSWCATOD 98 Hearing dates: 4 May 2016 Date of orders: 02 August 2016 Decision date: 02 August 2016 Jurisdiction: Occupational Division Before: N S Isenberg, Senior Member Decision: (1) The decision of the respondent to refuse the applicant's application to be an authorised taxi-cab driver is set aside. (2) In substitution for that decision the following decision is made: The applicant's application to be an authorised taxi-cab driver is granted. Catchwords: Merits review: taxi driver authority - good repute - fit and proper - honesty – remorse – relevance of earlier tribunal decisions. Legislation Cited: Administrative Decisions Review Act 1997 Passenger Transport Act 1990 Passenger Transport Regulation 2007 Cases Cited: Sikka v Roads and Maritime Services (ADT unreported no. 123138 dated 11 March 2013) Sikka v Roads and Maritime Services (GD) [2013] NSWADTAP 28 Sikka v Roads and Maritime Services (No. 2) (GD) [2013] NSWADTAP 48 Sikka v Roads and Maritime Services [2014] NSWCATOD 138 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Director General, Transport NSW v AIC [2011] NSWADTAP 65 Mahommed Shamsuzzaman v Roads and Maritime Services [2015] NSWCATAP 62 Saadieh.v Director General, Department of Transport [1999] NSWADT 68 Singh v Director General, Department of Transport [1999] NSWADT 96 Special Protection Services (NSW) Pty Limited v Commissioner of Police, NSW Police Force; Constantin v Commissioner of Police, NSW Police Force [2015] NSWCATOD 112 Category: Principal judgment Parties: Amit Sikka (Applicant) RMS (Respondent) Representation: Solicitors: Amit Sikka (Applicant in person) Smyth Wozniak Lawyers (Respondent) File Number(s): 1620030