Ceepee Pty Ltd v Roads and Maritime Services

NSW Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Ceepee Pty Ltd v Roads and Maritime Services [2014] NSWCATAD 196

Hearing dates:

31 May 2013, 26 August 2013, 12 August 2014

Decision date:

12 November 2014

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

S Montgomery, Senior Member

Decision:

1. The decision under review is set aside.

2. The decision is made that the application for an operator's accreditation is granted with the condition that the accreditation be limited to eight cars.

Catchwords:

Hire car - operator's accreditation -condition of accreditation - financial viability

Legislation Cited:

Administrative Decisions Tribunal Act 1997
Civil and Administrative Tribunal Act 2013
Passenger Transport Act 1990

Cases Cited:

Ceepee Pty Ltd v Roads and Maritime Services [2014] NSWCATAD 74
McDonald v Director-General of Social Security [1984] FCA 57; (1984) 1 FCR 354

Category:

Principal judgment

Parties:

Ceepee Pty Ltd (Applicant)
Roads and Maritime Services (Respondent)

Representation:

Searson Shannon & Co Pty Ltd (Applicant)
Smythe Wozniak Legal (Respondent)

File Number(s):

133072

reasons for decision

1. This matter was commenced in the General Division of the Administrative Decisions Tribunal ("the ADT") pursuant to the Administrative Decision Tribunal Act 1997 ("the ADT Act"). On 1 January 2014, the ADT was abolished and its functions were taken over by the Civil and Administrative Tribunal of New South Wales ('NCAT'). The present decision is therefore a decision of NCAT. However, because the proceedings to which it relates are 'part heard proceedings' as defined in clause 6(1) of Schedule 1 of the Civil and Administrative Tribunal Act 2013, they are to be determined as if that Act had not been enacted (see clause 7(3)(b) of this Schedule).

1. This matter relates to an application by the Applicant under the Passenger Transport Act 1990 ("the Act") for a private hire vehicle accreditation. A delegate for the Respondent granted that application but with condition that the accreditation be limited to three cars, whereas the Applicant sought accreditation for eight cars. The matter was initially heard before Senior Member Molony. However after the initial hearing of the matter, the Senior Member became unavailable. The President of NCAT determined to substitute the Senior Member for myself as permitted under section 52 of the Civil and Administrative Tribunal Act 2013 (the NCAT Act) and sought the parties' views in accordance with the provisions of section 52.

1. The Registrar of the Tribunal wrote to the parties in respect of the section 52 'substitution' issue. Neither party objected to me determining the matter. In the absence of any submission to the contrary, the Tribunal was reconstituted in accordance with section 52 (3) of the NCAT Act.

1. I have had the benefit of examining the full transcript of the directions hearings held before the President of the ADT, Judge O'Connor, and of the hearing before Senior Member Molony. I have read those transcripts and I have also listened to the recording of the hearing. I have also considered the material provided by both parties and I have taken…