McArthur, M.H. v Punch,G , Minister for the Arts, Sport, Environment,Tourism & Territories & anor [1988] FCA 400

McArthur, M.H. v Punch,G , Minister for the Arts, Sport, Environment,Tourism & Territories & anor [1988] FCA 400

The Minister was entitled to take into account the applicant's period of licence disqualification and lack of satisfactory evidence regarding his primary income from taxi driving when considering remission of the licence fee. The criteria published by the Minister did not fetter the statutory discretion. The Minister did not act on irrelevant considerations, nor fail to consider relevant ones, and there was material available to support his decision. The discretion under s.209(1) was properly exercised according to law.

Parties
Applicant: Malcolm Hugh McArthur; First Respondent: Gary Punch, Minister of State for the Arts, Sport, the Environment, Tourism and Territories; Second Respondent: Catherine Parsons, Registrar of Motor Vehicles
Jurisdiction
Australia
Judgment Date
28 July 1988
Procedural Posture
Application for Judicial Review / Judgment at First Instance
Outcome
application dismissed
Legal Topics
Judicial Review, Discretionary Powers, Remission of Licence Fees, Criteria for Eligibility, Improper Exercise of Power
Administrative Law Judicial Review Discretionary Powers Remission of Licence Fees Criteria for Eligibility Improper Exercise of Power

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Parties

Malcolm Hugh McArthur

Applicant

Gary Punch, Minister of State for the Arts, Sport, the Environment, Tourism and Territories

First Respondent

Catherine Parsons, Registrar of Motor Vehicles

Second Respondent

Procedural Posture

Application for Judicial Review / Judgment at First Instance

Legal Issues

  1. 1 Whether the Minister improperly exercised discretion under s.209(1) of the Motor Traffic Ordinance 1936 (A.C.T.) in refusing to remit taxi licence fees to the applicant at the concessional rate
  2. 2 Whether the Minister was bound by or misapplied published criteria for concessional licences
  3. 3 Whether irrelevant or relevant considerations were taken into account in the decision

Ratio Decidendi

The Minister was entitled to take into account the applicant's period of licence disqualification and lack of satisfactory evidence regarding his primary income from taxi driving when considering remission of the licence fee. The criteria published by the Minister did not fetter the statutory discretion. The Minister did not act on irrelevant considerations, nor fail to consider relevant ones, and there was material available to support his decision. The discretion under s.209(1) was properly exercised according to law.

Court Disposition

application dismissed

Orders

  • The application be dismissed.
  • The applicant pay the respondents' costs of the application.