Roads and Maritime Services v Rifahi [2015] NSWCATAP 43

Roads and Maritime Services v Rifahi [2015] NSWCATAP 43

The appeal failed because the Tribunal's reference to s 11(2)(a) rather than s 33(3)(a) of the Passenger Transport Act 1990 (NSW) was inconsequential, as the provisions were relevantly identical and the correct test was applied. The Tribunal did consider Mr Rifahi's dishonesty and his evidence bearing on insight or remorse, and the weight given to those matters was for the Tribunal. Its decision had evident and intelligible justification and was not legally unreasonable. The proposed non-law grounds did not satisfy the principles for granting leave.

Jurisdiction
Australia
Judgment Date
16 March 2015
Procedural Posture
Appeal From Decision of the Civil and Administrative Tribunal, Administrative and Equal Opportunity Jurisdiction / Appeal Panel Decision
Outcome
Leave to appeal on grounds other than a question of law was refused and the appeal was dismissed.
Legal Topics
['taxi Cab Driver Authority' 'fit and Proper Person' 'good Repute' 'relevant Considerations' 'adequate Reasons' 'legal Unreasonableness' 'leave to Appeal']
['administrative Law' 'transport Licensing' 'occupational Licensing'] ['taxi Cab Driver Authority' 'fit and Proper Person' 'good Repute' 'relevant Considerations' 'adequate Reasons' 'legal Unreasonableness' 'leave to Appeal']

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Procedural Posture

Appeal From Decision of the Civil and Administrative Tribunal, Administrative and Equal Opportunity Jurisdiction / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether the Tribunal failed to give adequate or lawful reasons by referring to s 11(2)(a) rather than s 33(3) of the Passenger Transport Act 1990 (NSW).' "Whether the Tribunal failed to take into account relevant considerations, including Mr Rifahi's dishonesty in failing to disclose charges and his alleged lack of insight or remorse." "Whether the Tribunal's decision that Mr Rifahi was of good repute and a fit and proper person to drive a taxi was legally unreasonable." 'Whether leave should be granted to appeal on grounds other than a question of law.']

Ratio Decidendi

The appeal failed because the Tribunal's reference to s 11(2)(a) rather than s 33(3)(a) of the Passenger Transport Act 1990 (NSW) was inconsequential, as the provisions were relevantly identical and the correct test was applied. The Tribunal did consider Mr Rifahi's dishonesty and his evidence bearing on insight or remorse, and the weight given to those matters was for the Tribunal. Its decision had evident and intelligible justification and was not legally unreasonable. The proposed non-law grounds did not satisfy the principles for granting leave.

Court Disposition

Leave to appeal on grounds other than a question of law was refused and the appeal was dismissed.

Orders

  • ['Leave is refused for Roads and Maritime Services to appeal on grounds other than a question of law.' 'The appeal is dismissed.']