Assadourian v Roads and Traffic Authority [2011] NSWADT 46

Assadourian v Roads and Traffic Authority [2011] NSWADT 46

The Tribunal held that its interim powers under section 60 of the ADT Act are not confined by the one-year limit in section 31 of the Tow Truck Industry Act 1998, and that an order made without a specified time limit remains in force until the substantive determination, as per section 62(2)(b) of the ADT Act.

Jurisdiction
Australia
Judgment Date
02 March 2011
Procedural Posture
Tribunal Review / Interlocutory Application Regarding Stay Order
Outcome
Interlocutory application granted; stay order remains in force
Legal Topics
['tribunal Powers' 'stay Orders' 'licensing' 'tow Truck Industry Regulation']
['administrative Law'] ['tribunal Powers' 'stay Orders' 'licensing' 'tow Truck Industry Regulation']

Case Brief

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Procedural Posture

Tribunal Review / Interlocutory Application Regarding Stay Order

Legal Issues

  1. 1 ["Whether the stay order made on 22 December 2009 has the effect that the applicant's tow truck drivers certificate remains in force pending determination of the substantive application"]

Ratio Decidendi

The Tribunal held that its interim powers under section 60 of the ADT Act are not confined by the one-year limit in section 31 of the Tow Truck Industry Act 1998, and that an order made without a specified time limit remains in force until the substantive determination, as per section 62(2)(b) of the ADT Act.

Court Disposition

Interlocutory application granted; stay order remains in force

Orders

  • ['The orders made on 22 December 2009 remain in force.']