Chen v Roads and Maritime Services [2015] NSWCATOD 63

Chen v Roads and Maritime Services [2015] NSWCATOD 63

Mr Chen's actions in driving the intoxicated passenger away from her area of residence for an extended period and taking photographs demonstrated a lack of judgment, showing he was not a fit and proper person to hold a taxi driver authority under the statutory criteria. The Tribunal is not satisfied Mr Chen currently possesses the requisite aptitude, responsibility, or moral rectitude.

Parties
Applicant: Yi Jin Chen; Respondent: Roads and Maritime Services
Jurisdiction
Australia
Judgment Date
02 June 2015
Procedural Posture
Application for Review of Administrative Decision / Decision Principal Judgment
Outcome
The decision of the Respondent is affirmed
Legal Topics
Merits Review, Fit and Proper Person Test, Cancellation of Taxi Driver Authority
Administrative Law Transport Law Merits Review Fit and Proper Person Test Cancellation of Taxi Driver Authority

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Parties

Yi Jin Chen

Applicant

Roads and Maritime Services

Respondent

Procedural Posture

Application for Review of Administrative Decision / Decision Principal Judgment

Legal Issues

  1. 1 Whether Mr Chen is now of good repute and a fit and proper person to hold a taxi driver authority
  2. 2 Whether the Respondent's decision to cancel Mr Chen's authority was correct and preferable

Ratio Decidendi

Mr Chen's actions in driving the intoxicated passenger away from her area of residence for an extended period and taking photographs demonstrated a lack of judgment, showing he was not a fit and proper person to hold a taxi driver authority under the statutory criteria. The Tribunal is not satisfied Mr Chen currently possesses the requisite aptitude, responsibility, or moral rectitude.

Court Disposition

The decision of the Respondent is affirmed

Orders

  • The Tribunal affirms the Respondent's decision to cancel Mr Chen's taxi driver authority