Attar v Roads and Maritime Services [2013] NSWADT 135

Attar v Roads and Maritime Services [2013] NSWADT 135

The Tribunal was satisfied that the respondent's records, customer complaints, written statements, investigation records, credit card vouchers and CabCharge vouchers established fraudulent alteration of fares by the applicant and that he gave passengers a false taxi number. The applicant's denial that he was the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
12 June 2013
Procedural Posture
Application for Review of a Decision to Refuse an Application for a Taxi Driver Authority / General Division Merits Review After Hearing; Application Proceeded Despite No Internal Review Decision Under Section 55(3)(b) of the Administrative Decisions Tribunal Act
Outcome
The decision is affirmed.
Legal Topics
['taxi Driver Authority' 'fit and Proper Person' 'good Repute' 'credit Card and Cab Charge Voucher Fraud Allegations' 'correct and Preferable Decision']
['administrative Law' 'transport Law' 'licensing and Authorisation'] ['taxi Driver Authority' 'fit and Proper Person' 'good Repute' 'credit Card and Cab Charge Voucher Fraud Allegations' 'correct and Preferable Decision']

Source-derived case record

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Procedural Posture

Application for Review of a Decision to Refuse an Application for a Taxi Driver Authority / General Division Merits Review After Hearing; Application Proceeded Despite No Internal Review Decision Under Section 55(3)(b) of the Administrative Decisions Tribunal Act

Legal Issues

  1. 1 ['Whether the applicant was of good repute and a fit and proper person to be authorised to drive a taxi-cab under the Passenger Transport Act 1990.' 'Whether the applicant had sufficient responsibility and aptitude to drive a taxi-cab in accordance with law and custom.' 'Whether the history of complaints, including dishonesty in charging fares and providing incorrect identification details, justified affirming the refusal of a taxi driver authority.' "Whether the lapse of time since cancellation and the applicant's previous renewals supported granting a new authority."]

Ratio Decidendi

The Tribunal was satisfied that the respondent's records, customer complaints, written statements, investigation records, credit card vouchers and CabCharge vouchers established fraudulent alteration of fares by the applicant and that he gave passengers a false taxi number. The applicant's denial that he was the driver and allegation of conspiracy were not plausible and were unsupported by evidence. Because he provided no character references, no evidence of good repute or rehabilitation, took no responsibility and expressed no remorse, the Tribunal was not satisfied that he was a fit and proper person or that he had sufficient responsibility to drive a taxi-cab in accordance with law and...

Court Disposition

The decision is affirmed.

Orders

  • ['The decision of the respondent to refuse the application for a taxi cab authority is affirmed.']