Hoque v Roads and Maritime Services [2018] NSWCATOD 156

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hoque v Roads and Maritime Services [2018] NSWCATOD 156 Hearing dates: 8 February and 19 July 2018 Date of orders: 14 September 2018 Decision date: 14 September 2018 Jurisdiction: Occupational Division Before: NS Isenberg RFD, Senior Member Decision: The Respondent's decisions under review are set aside. Catchwords: MERITS REVIEW – cancellation of both authority to drive a taxi-cab and accreditation to carry on taxi-cab services – application to Tribunal – subsequent repeal of provisions of Passenger Transport Act 1990 – new legislation - Point to Point Transport (Taxis and Hire Vehicles) Act 2016 – jurisdiction of Tribunal - good repute – fit and proper person - hardship claim. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Interpretation Act 1987 (NSW) Passenger Transport Act 1990 (NSW) Passenger Transport Regulation 2007 (NSW) Point to Point Transport (Taxis and Hire Vehicles) Act 2016 (NSW) Cases Cited: Alameddine v Roads and Maritime Services [2018] NSWCATAD 22 El Cheikh v Roads and Maritime Services [2017] NSWCATOD 33 Farquharson v Director General, Department of Transport [1990] NSWADT 53 Gilliana v Director General Transport NSW [2012] NSWADT 28 Hossain v Roads and Maritime Services [2018] NSWCATOD 11 Khan v Roads and Maritime Services [2015] NSWCATAP 265 Mahommed Shamsuzzaman v Roads and Maritime Services [2015] NSWCATAP 62 Ostrowski v Palmer [2004] HCA 30, 218 CLR 493; 78 ALJR 957; 206 ALR 422 Proudman v Dayman (1941) 67 CLR 536 Robertson v Roads and Maritime Services [2015] NSWCATOD 47 Saadieh v Director General, Department of Transport [1999] NSWADT 68 Singh v Roads and Maritime Services [2017] NSWCATOD 80 Singh v Roads and Maritime Services (No. 2) [2017] NSWCATOD 114 Category: Principal judgment Parties: Akm Fazlul Hoque (Applicant) Roads and Maritime Services (Respondent) Representation: Solicitors: M Jools (President, Australian Taxi Drivers Association as Agent) (Applicant) Smythe Wozniak Lawyers (Respondent) File Number(s): 2017/00278295, 2017/00286707