Eskander v Department of Fair Trading [2019] NSWCATOD 49

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Eskander v Department of Fair Trading [2019] NSWCATOD 49 Hearing dates: 25 March 2019 Date of orders: 04 April 2019 Decision date: 04 April 2019 Jurisdiction: Occupational Division Before: Emeritus Prof G D Walker, Senior Member Decision: (1) The determination under review is varied as set out in (2) and (3) below. (2) The period during which the applicant is disqualified from holding a tow truck driver licence or certificate is reduced from 5 years to 19 months. (3) The disqualification is stayed until 30 April 2019. Catchwords: LICENSING – tow truck driver certificate – disciplinary action - whether fit and proper person – conviction for assault occasioning actual bodily harm -disqualification. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Tow Truck Industry Act 1998 (NSW) Cases Cited: Austin v Commissioner of Fair Trading and Commissioner of Police, New South Wales Police Force [2015] NSWCATAD 244, [2016] NSWCATAP 179; Director-General, Transport New South Wales v AIC (GD) [2011] NSWADTAP 65; Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60; Esterman v Commissioner of Police, New South Wales Police Force [2014] NSWCATOD 70; Howell v Macquarie University [2008] NSWCA 26; Hughes and Vale Pty Ltd v New South Wales (No. 2) [1955] HCA 28, (1955) 93 CLR 127; Jones v Dunkel (1959) 101 CLR 298; Joseph v Commissioner of Police, New South Wales Police Force [2017]; Lal v Director-General, Department of Transport [2001] NSWADT 74; Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10; Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1332] HCA 66, (1992) 110 ALR 449; Shuttleworth v Tow Truck Authority of New South Wales [2006] NSWADT 301. Category: Principal judgment Parties: Michael Eskander (Applicant) Department of Fair Trading (Respondent) Representation: Solicitors: M Eskander (Self Represented)(Applicant) Smythe Wozniak Lawyers (Respondent) File Number(s): 201800364791 Publication restriction: Nil