Alameddine v Roads and Maritime Services [2018] NSWCATOD 205

Alameddine v Roads and Maritime Services [2018] NSWCATOD 205

The application was about two months late, the explanation for delay was not compelling, and because the Tribunal no longer had jurisdiction to determine the review the applicant did not have a fairly arguable case; strict compliance with the time limit would not work an injustice. The repeal of the relevant Passenger Transport Act provisions and commencement of the Point to Point Transport (Taxis and Hire Vehicles) Act meant taxi-cab driver authorities were not continued and hire vehicle driver authorisations were no longer required or available, so the Tribunal had no jurisdiction to review the refusals.

Jurisdiction
Australia
Judgment Date
24 January 2018
Procedural Posture
Administrative Review of Refusals of Applications for Authorisation as Driver of Private Hire Car and Driver of Taxi Cab Under the Passenger Transport Act 1990 (nsw) / Application to the Tribunal Made Out of Time; Application for Extension of Time and Review Considered After Commencement of New Legislation
Outcome
Application for an extension of time dismissed; application dismissed.
Legal Topics
['extension of Time' 'tribunal Jurisdiction' 'repeal and Commencement of Legislation' 'private Hire Vehicle Driver Authorisation' 'taxi Cab Driver Authorisation' 'fit and Proper Person']
['administrative Law' 'passenger Transport Regulation'] ['extension of Time' 'tribunal Jurisdiction' 'repeal and Commencement of Legislation' 'private Hire Vehicle Driver Authorisation' 'taxi Cab Driver Authorisation' 'fit and Proper Person']

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Procedural Posture

Administrative Review of Refusals of Applications for Authorisation as Driver of Private Hire Car and Driver of Taxi Cab Under the Passenger Transport Act 1990 (nsw) / Application to the Tribunal Made Out of Time; Application for Extension of Time and Review Considered After Commencement of New Legislation

Legal Issues

  1. 1 ['Whether time should be extended for the applicant to apply to the Tribunal for review of RMS decisions.' 'Whether the Tribunal retained jurisdiction to review RMS decisions made under the Passenger Transport Act 1990 (NSW) after repeal of the relevant provisions and commencement of the Point to Point Transport (Taxis and Hire Vehicles) Act 2016 (NSW).' 'Whether the absence of any continuing requirement or provision for hire vehicle driver authorisation under the new legislation made the proposed review futile.']

Ratio Decidendi

The application was about two months late, the explanation for delay was not compelling, and because the Tribunal no longer had jurisdiction to determine the review the applicant did not have a fairly arguable case; strict compliance with the time limit would not work an injustice. The repeal of the relevant Passenger Transport Act provisions and commencement of the Point to Point Transport (Taxis and Hire Vehicles) Act meant taxi-cab driver authorities were not continued and hire vehicle driver authorisations were no longer required or available, so the Tribunal had no jurisdiction to review the refusals.

Court Disposition

Application for an extension of time dismissed; application dismissed.

Orders

  • ['Application for an extension of time to apply to the Tribunal is dismissed.' 'Application dismissed.']