Tomaszewski v Roads and Maritime Services [2016] NSWCATOD 156

Tomaszewski v Roads and Maritime Services [2016] NSWCATOD 156

Given Dr Abraham's evidence that Tomaszewski's risk is low if serum potassium and magnesium levels are maintained, and neither the 2012 nor 2016 licensing standards are binding on the Tribunal, it is not contrary to the public interest to grant a stay of the cancellation, subject to conditions to address public safety concerns.

Parties
Applicant: Stanley Tomaszewski; Respondent: Roads and Maritime Services
Jurisdiction
Australia
Judgment Date
19 December 2016
Procedural Posture
Administrative Review / Interlocutory Application for Stay
Outcome
Stay granted with conditions
Legal Topics
Stay of Decision, Licensing, Public Safety, Medical Fitness to Drive, Public Interest
Administrative Law Stay of Decision Licensing Public Safety Medical Fitness to Drive Public Interest

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Stanley Tomaszewski

Applicant

Roads and Maritime Services

Respondent

Procedural Posture

Administrative Review / Interlocutory Application for Stay

Legal Issues

  1. 1 Whether a stay should be granted of the decision to cancel taxi driver authority pending appeal
  2. 2 Whether applicant poses a risk to public safety due to medical condition (implantable cardioverter defibrillator, ICD)
  3. 3 Relevance and binding nature of medical licensing standards on the Tribunal

Ratio Decidendi

Given Dr Abraham's evidence that Tomaszewski's risk is low if serum potassium and magnesium levels are maintained, and neither the 2012 nor 2016 licensing standards are binding on the Tribunal, it is not contrary to the public interest to grant a stay of the cancellation, subject to conditions to address public safety concerns.

Court Disposition

Stay granted with conditions

Orders

  • The decision of Roads and Maritime Services to cancel Mr Tomaszewski's taxi driver authority is stayed pending further order of the Tribunal on the following conditions: (a) Mr Tomaszewski consults Dr Abraham on 17 January 2017 or some other suitable date in January 2017; (b) at that appointment, Mr Tomaszewski...
  • All parties have liberty to apply to the Tribunal for a variation of these orders.