Lather v Roads and Maritime Services [2017] NSWCATOD 124

Lather v Roads and Maritime Services [2017] NSWCATOD 124

The applicant is now of good repute and a fit and proper person to be authorised as a private hire vehicle driver, given the time elapsed since his criminal convictions, the unique context of the offending, his remorse and rehabilitation, and the absence of further misconduct.

Parties
Applicant: Naresh Lather; Respondent: Roads and Maritime Services
Jurisdiction
Australia
Judgment Date
18 August 2017
Procedural Posture
Administrative Review / Final Decision
Outcome
Decision set aside and substituted
Legal Topics
Merits Review, Private Hire Vehicle Driver Authorisation, Criminal Convictions, Good Repute, Fit and Proper Person
Administrative Law Transport Law Merits Review Private Hire Vehicle Driver Authorisation Criminal Convictions Good Repute Fit and Proper Person

Case Brief

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Parties

Naresh Lather

Applicant

Roads and Maritime Services

Respondent

Procedural Posture

Administrative Review / Final Decision

Legal Issues

  1. 1 Whether the applicant is of good repute and a fit and proper person to be authorised as a private hire vehicle driver given his prior criminal convictions

Ratio Decidendi

The applicant is now of good repute and a fit and proper person to be authorised as a private hire vehicle driver, given the time elapsed since his criminal convictions, the unique context of the offending, his remorse and rehabilitation, and the absence of further misconduct.

Court Disposition

Decision set aside and substituted

Orders

  • The Respondent's reviewable decision of 8 December 2016 is set aside.
  • The Applicant is granted authorisation to be a private hire vehicle driver in accordance with the reasons.