Lin v Roads and Maritime Services [2019] NSWCATOD 79
Mr Lin is not of good repute and is not a fit and proper person to be granted a bus driver authority due to his significant history of driving offences, insufficient time without infringements, lack of evidence of good community reputation, and dishonesty in completing the authority application form. The Tribunal affirms the refusal of authority as correct and preferable under the legislation.
- Jurisdiction
- Australia
- Judgment Date
- 23 May 2019
- Procedural Posture
- Administrative Review / Occupational Division Hearing and Final Decision
- Outcome
- Decision under review affirmed
- Legal Topics
- ['bus Driver Authority' 'good Repute' 'fit and Proper Person' 'dishonesty in Application' 'driving Offences']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Administrative Review / Occupational Division Hearing and Final Decision
Legal Issues
- 1 ['Whether Mr Lin is of good repute and in all other respects a fit and proper person to be the driver of a public passenger vehicle' 'Whether dishonesty in filling out the application form affects fitness and propriety']
Ratio Decidendi
Mr Lin is not of good repute and is not a fit and proper person to be granted a bus driver authority due to his significant history of driving offences, insufficient time without infringements, lack of evidence of good community reputation, and dishonesty in completing the authority application form. The Tribunal affirms the refusal of authority as correct and preferable under the legislation.
Court Disposition
Decision under review affirmed
Orders
- ['The decision under review is affirmed.']
Full Case Text
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