Fisher v Transport NSW [2018] NSWSC 17

Supreme Court New South Wales

Medium Neutral Citation: Fisher v Transport NSW [2018] NSWSC 17 Hearing dates: 29 June 2017 Date of orders: 31 January 2018 Decision date: 31 January 2018 Jurisdiction: Common Law Before: Harrison J Decision: Further amended summons dismissed with costs Catchwords: ADMINISTRATIVE LAW – judicial review – grounds of review – extraneous or improper purpose – whether failure to apply relevant standard – failure to take into account relevant consideration – procedural fairness –apprehended bias – failure to inquire – errors in fact finding process – Wednesbury unreasonableness – whether ADT erred in affirming the decision to suspend and cancel driver authority under Passenger Transport Act 1990 (NSW) – summons dismissed Legislation Cited: Administrative Decisions Tribunal Act 1997 (NSW), ss 3(b), 73(2) Civil and Administrative Tribunal Act 2013 (NSW), s 93 Passenger Transport Act 1990 (NSW), ss 11(2), 14 Passenger Transport Regulations 2007 (NSW), cl 101 Cases Cited: AJO v Director-General, Department of Transport [2012] NSWADT 101 AJO v Roads and Maritime Services [2014] NSWCATAP 21 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 Ebner v Official Trustee (2000) 205 CLR 337; [2000] HCA 63 Lal v Director-General, Department of Transport [2001] NSWADT 74 Category: Principal judgment Parties: Brian Stanley Fisher (Plaintiff) Transport NSW (First Defendant) Roads & Maritime Services (Licence Appeals) (Second Defendant) Representation: Counsel: K Averre (First and Second Defendants)