Young v Roads and Maritime Services [2014] NSWCATAP 7

Young v Roads and Maritime Services [2014] NSWCATAP 7

The appeal failed because the Tribunal made no error of law: the material did not demonstrate that Mr Young completed the approved course; a 40/40 result on one assessment did not satisfy clause 9(2)(b); Roads and Maritime Services could require completion of an approved course and the Tribunal properly accepted that requirement; the council letter did not approve storage of the four buses required for the proposed service; and clauses 11 and 12 applied to the buses when not in use. Leave to extend the appeal to the merits was refused because no error of law was established, the relevant experience and assessment matters had been considered, there was little prospect of a different result...

Jurisdiction
Australia
Judgment Date
20 March 2014
Procedural Posture
Internal Appeal From a Decision Affirming Refusal of Accreditation to Operate a Public Passenger Service / Appeal Panel; Appeal on Questions of Law and Application for Leave to Extend the Appeal to the Merits
Outcome
Leave to extend the appeal to the merits was refused and the appeal was dismissed.
Legal Topics
['public Passenger Service Accreditation' 'internal Appeal' 'questions of Law' 'leave to Extend Appeal to Merits' 'operator Training Requirements' 'council Approval for Bus Storage' 'statutory Construction']
['administrative Law' 'transport Law'] ['public Passenger Service Accreditation' 'internal Appeal' 'questions of Law' 'leave to Extend Appeal to Merits' 'operator Training Requirements' 'council Approval for Bus Storage' 'statutory Construction']

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Procedural Posture

Internal Appeal From a Decision Affirming Refusal of Accreditation to Operate a Public Passenger Service / Appeal Panel; Appeal on Questions of Law and Application for Leave to Extend the Appeal to the Merits

Legal Issues

  1. 1 ['Whether the Tribunal erred in finding that there was no evidence that Mr Young completed an approved operator training course.' 'Whether passing the Part 1 short answer questions assessment satisfied clause 9(2)(b) of the Passenger Transport Regulation 2007.' 'Whether the requirement to undertake and successfully complete, or pass an examination in respect of, an approved course was discretionary and was properly applied.' 'Whether the council letter satisfied clause 12 of the Passenger Transport Regulation 2007 for storage of the four buses required for the proposed service.' 'Whether leave should be granted to extend the appeal to a review of the merits of the decision under appeal.']

Ratio Decidendi

The appeal failed because the Tribunal made no error of law: the material did not demonstrate that Mr Young completed the approved course; a 40/40 result on one assessment did not satisfy clause 9(2)(b); Roads and Maritime Services could require completion of an approved course and the Tribunal properly accepted that requirement; the council letter did not approve storage of the four buses required for the proposed service; and clauses 11 and 12 applied to the buses when not in use. Leave to extend the appeal to the merits was refused because no error of law was established, the relevant experience and assessment matters had been considered, there was little prospect of a different result...

Court Disposition

Leave to extend the appeal to the merits was refused and the appeal was dismissed.

Orders

  • ['Leave to extend the appeal to the merits of the decision under appeal is refused.' 'The appeal is dismissed.']