Lather v Roads and Maritime Services [2017] NSWCATOD 124

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lather v Roads and Maritime Services [2017] NSWCATOD 124 Hearing dates: 15 May 2017 Date of orders: 18 August 2017 Decision date: 18 August 2017 Jurisdiction: Occupational Division Before: D Dinnen, Senior Member Decision: (1) I set aside the Respondent's reviewable decision of 8 December 2016. (2) I grant the Applicant's application under the Act to be authorised as a private hire vehicle driver in accordance with these reasons. Catchwords: ADMINISTRATIVE LAW - Merits Review – authority to drive private hire vehicle – criminal convictions – good behaviour bonds – reputation – fit and proper Legislation Cited: Administrative Decisions Review Act 1997 Passenger Transport Act 1990 Cases Cited: Australian Broadcasting Tribunal v Bond (Bond Media Case) [1990] HCA 33; 170 CLR 321 Department of Transport and Infrastructure v Murray [2011] NSWADTAP 16 Grenfell v Director General Department of Finance and Services [2013] NSWADT 57 Hughes & Vale Pty Ltd v State of New South Wales [1955] HCA 28; (1955) 93 CLR 127 Loye v Director General, Department of Transport [2000] NSWADT 145 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Re T and the Director of Youth and Community Services [1980] 1 NSWLR 392 Sobey v Commercial Agents Board (1979) 22 SASR 70 Z v Director General, Department of Transport [2000] NSWADT 87 Category: Principal judgment Parties: Naresh Lather (Applicant) Roads and Maritime Services (Respondent) Representation: Solicitors: In Person (Applicant) Smythe Wozniak Lawyers (Respondent) File Number(s): 2017/00023486