Sasterawan v Roads and Maritime Services [2016] NSWCATOD 142

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sasterawan v Roads and Maritime Services [2016] NSWCATOD 142 Hearing dates: On the papers Date of orders: 18 November 2016 Decision date: 18 November 2016 Jurisdiction: Occupational Division Before: A Britton, Principal Member Decision: The application made by Mr Sasterawan under cl 9 of the Civil and Administrative Tribunal Regulation 2013 (NSW), for an order that the decision made on 9 August 2016 be set aside, is refused. Catchwords: ADMINISTRATIVE LAW – application to set decision under cl 9(1) of Civil and Administrative Tribunal Regulation 2013 (NSW) Legislation Cited: Civil and Administrative Tribunal Regulation 2013 (NSW) Civil & Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Passenger Transport Act 1990 (NSW) Cases Cited: Sasterawan v Morris [2010] NSWCCA 91 Category: Procedural and other rulings Parties: Wahyu Sasterawan (Applicant) Roads and Maritime Services (Respondent) Representation: Solicitors: Wahyu Sasterawan (Applicant in person) Crown Solicitor's Office (Respondent) File Number(s): 1620209

REASONS FOR DECISION 1. Former taxi driver, Wahyu Sasterawan applies for an order under cl 9 of the Civil and Administrative Tribunal Regulation 2013 (NSW) that a decision made on 9 August 2016 by the Tribunal (differently constituted), be set aside (the set aside application). 2. While the set aside application relates to proceedings with a long and colourful history, whether the order sought by Mr Sasterawan can be made, turns on two simple factual matters: whether the parties consent to the setting aside of the 9 August 2016 decision, and whether that decision was made in the absence of Mr Sasterawan. Having found the answer to each question is "no", the power to set aside the 9 August 2016 decision cannot be exercised.