Assadourian v Roads and Maritime Services (GD)

In this case, Assadourian, the appellant, challenged the Tribunal's decision to affirm the Administrator's decisions to disqualify them from holding both an operator's licence and a driver certificate under the Road Transport (Tow Truck Industry) Regulation 2010. The Tribunal's decision was upheld regarding the operator's licence, but the appeal was extended to the merits concerning the driver certificate. The court was tasked with determining whether the Tribunal's decisions were lawful, reasonable, and just.

The primary legal issues centred around the interpretation and application of the Regulation, specifically sections 6 and 7, and the principles of natural justice. The appellant argued that the Tribunal's decision to disqualify them from holding a driver certificate was flawed because it was based on their operator history rather than their conduct as a driver. The court examined whether the Tribunal appropriately considered the appellant's conduct during the stay period and whether the operator history was a relevant factor in determining their fitness to hold a driver certificate.

The court found that the Tribunal's decision to affirm the disqualification from the operator's licence was correct, as the Tribunal had followed the correct legal principles and considered all relevant factors. However, concerning the driver certificate, the court determined that the Tribunal's decision was flawed as it had not appropriately taken into account the appellant's conduct as a driver during the stay period. The court noted that while operator history may be relevant, the primary consideration should be the driver's conduct. Consequently, the appeal regarding the driver certificate was extended to the merits.

The court dismissed the appeal as it related to the operator's licence but extended the appeal concerning the driver certificate to the merits. The Registrar was directed to set a date for the making of directions for the hearing on the merits of the driver certificate issue. This decision ensures that the appellant's fitness to hold a driver certificate is assessed based on their conduct as a driver, rather than their operator history.