Khan v Roads and Maritime Services [2015] NSWCATAP 265

Khan v Roads and Maritime Services [2015] NSWCATAP 265

The Appeal Panel held that the appellant did not establish any error of law. The Tribunal had considered the CCTV footage and was not required to treat each part of the complaint separately; the challenge went to the weight of evidence rather than to a mandatory relevant consideration. The Tribunal had considered the Saadieh factors, including likelihood of re-offending or further complaints, in light of its findings that the complaint was serious, established, denied by the appellant, and unsupported by evidence of remorse or rehabilitation. The Tribunal's use of the complainant's facial expressions on the CCTV and her evidence of having no motivation to fabricate the complaint was not...

Jurisdiction
Australia
Judgment Date
09 December 2015
Procedural Posture
Internal Appeal From an Administrative Review Decision Concerning Cancellation of a Taxi Cab Driver Authority / Appeal Panel; Leave to Appeal Sought on Other Grounds and Appeal Brought on Asserted Questions of Law
Outcome
Leave to appeal refused; appeal otherwise dismissed.
Legal Topics
['cancellation of Taxi Cab Driver Authority' 'fit and Proper Person' 'relevant and Irrelevant Considerations' 'error of Law' 'credibility Findings' 'cctv Evidence' 'leave to Appeal']
['administrative Law' 'transport Law' 'occupational Licensing'] ['cancellation of Taxi Cab Driver Authority' 'fit and Proper Person' 'relevant and Irrelevant Considerations' 'error of Law' 'credibility Findings' 'cctv Evidence' 'leave to Appeal']

Case Brief

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Procedural Posture

Internal Appeal From an Administrative Review Decision Concerning Cancellation of a Taxi Cab Driver Authority / Appeal Panel; Leave to Appeal Sought on Other Grounds and Appeal Brought on Asserted Questions of Law

Legal Issues

  1. 1 ['Whether the Tribunal erred in law by failing to take into account relevant considerations arising from CCTV footage when making findings about the alleged conduct.' 'Whether the Tribunal erred by failing to consider the likelihood that the appellant would re-offend, be the subject of further complaints or commit further traffic offences when assessing whether he was fit and proper.' "Whether the Tribunal took into account irrelevant considerations by relying on its observations of the CCTV footage and the complainant's evidence that she had zero motivation to make up the story." 'Whether leave should be granted to appeal on grounds other than questions of law.']

Ratio Decidendi

The Appeal Panel held that the appellant did not establish any error of law. The Tribunal had considered the CCTV footage and was not required to treat each part of the complaint separately; the challenge went to the weight of evidence rather than to a mandatory relevant consideration. The Tribunal had considered the Saadieh factors, including likelihood of re-offending or further complaints, in light of its findings that the complaint was serious, established, denied by the appellant, and unsupported by evidence of remorse or rehabilitation. The Tribunal's use of the complainant's facial expressions on the CCTV and her evidence of having no motivation to fabricate the complaint was not...

Court Disposition

Leave to appeal refused; appeal otherwise dismissed.

Orders

  • ['Leave to appeal is refused' 'The appeal is otherwise dismissed']