Hoque v Roads and Maritime Services [2016] NSWCATOD 160

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hoque v Roads and Maritime Services [2016] NSWCATOD 160 Hearing dates: 7 December 2016 Date of orders: 23 December 2016 Decision date: 23 December 2016 Jurisdiction: Occupational Division Before: K Ransome, Senior Member Decision: The decision under review is affirmed. Catchwords: PASSENGER TRANSPORT – annual taxi licence – cancellation - failure to pay licence fee instalments on due date – failure to comply with a condition of the licence Legislation Cited: Passenger Transport Act 1990 Cases Cited: Lal v Director General, Department of Transport 2011 NSWADT 74 Category: Principal judgment Parties: Akm Fazlul Hoque (Applicant) Roads and Maritime Services (Respondent) Representation: Solicitors: AF Hoque (Applicant in person) Smythe Wozniak Legal (Respondent) File Number(s): 1620215

REASONS FOR DECISION 1. The applicant, Mr Akm Fazlul Hoque, was first issued an unrestricted annual taxi licence on 29 March 2010. The licence has been renewed each year, with the latest renewal on 29 March 2016. The annual cost of the licence was in excess of $30,000 which Mr Hoque elected to pay by monthly instalments each year. On 11 July 2016 Roads and Maritime Services cancelled the licence for failure by Mr Hoque to pay the monthly fee. That decision was affirmed on internal review on 10 August 2016.

The relevant law 1. Relevantly, s 32G(1) of the Passenger Transport Act 1990 permits Roads and Maritime Services to vary, suspend or cancel a licence if, owing to the default of the licensee, the terms and conditions of the licence have not been complied with. 2. Records provided by Roads and Maritime Services show that for each annual licence it was a condition of that licence that, if the licence fee is paid by instalments, the monthly instalment must be paid on or before the date each instalment is due.