Cherry v Point to Point Transport Commissioner [2022] NSWCATOD 193

Cherry v Point to Point Transport Commissioner [2022] NSWCATOD 193

There is no administratively reviewable decision regarding driver eligibility for the applicant under the relevant enabling legislation; thus the Tribunal lacks jurisdiction to determine the application for administrative review or grant interim orders. The application is misconceived and must be dismissed.

Jurisdiction
Australia
Judgment Date
21 April 2022
Procedural Posture
Administrative Review Application / Summary Dismissal
Outcome
Application dismissed
Legal Topics
['administrative Review' 'jurisdiction' 'disqualifying Offences' 'taxi Driver Eligibility']
['administrative Law'] ['administrative Review' 'jurisdiction' 'disqualifying Offences' 'taxi Driver Eligibility']

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Procedural Posture

Administrative Review Application / Summary Dismissal

Legal Issues

  1. 1 ['Whether the Tribunal has jurisdiction to review the decision regarding taxi driver eligibility' 'Whether there is an administratively reviewable decision under the relevant legislation' 'Whether the applicant is disqualified from driving a taxi or hire vehicle under clause 24 of the Point to Point Transport (Taxis and Hire Vehicles) Regulation 2017']

Ratio Decidendi

There is no administratively reviewable decision regarding driver eligibility for the applicant under the relevant enabling legislation; thus the Tribunal lacks jurisdiction to determine the application for administrative review or grant interim orders. The application is misconceived and must be dismissed.

Court Disposition

Application dismissed

Orders

  • ['Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 a hearing is dispensed with.' 'The application for administrative review lodged on 10 February 2022 is dismissed.' 'The application for an order under s 60 of the Administrative Decisions Review Act 1997 is dismissed.']