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 74

Hearing dates:

8, 9 August 2013

Decision date:

05 May 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 operator's accreditation held by the Applicant is suspended until such time as the Applicant is able to satisfy the Respondent that it is able to ensure compliance with all relevant legislative requirements.

3. This decision is to take effect 28 days from the date of these reasons.

Catchwords:

Hire car - operator's accreditation - cancellation - fit and proper - designated manager - suspension of accreditation

Legislation Cited:

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

Cases Cited:

Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321; 94 ALR 11; 64 ALJR 462; 21 ALD 1.
Department of Transport and Infrastructure v Murray (GD) [2011] NSWADTAP 16
Hughes and Vale v State of New South Wales (No 2) [1955] HCA 28; (1955) 93 CLR 127
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:

Counsel
J Doyle (Applicant)
K Eastman (Respondent)
Searson Shannon & Co Pty Ltd (Applicant)
Smythe Wozniak Legal (Respondent)

File Number(s):

133174

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. The Applicant has applied to the Tribunal for review of a decision of a delegate of the Respondent to cancel the operator's accreditation held by the Applicant under the Passenger Transport Act 1990 ("the Act"). The accreditation permits the Applicant to operate a private hire vehicle business ("the business") within the Port Macquarie local government area.

1. The Applicant's directors and shareholders are Peter Cristoforo and Christie Cristoforo ("the directors"). The Applicant acquired the business from Bretabac Pty Ltd ("Bretabac") - a company controlled by Ms Cristoforo's parents, Mr Peter Williamson and Ms Cheryl Williamson. At all relevant times Ms Cristoforo's parents were directors of Bretabac. Ms Cristoforo served as a director of Bretabac from 2000 to 2008. In separate proceedings before the Tribunal, Bretabac had agreed to the cancellation of its Port Macquarie licences from February 2013 and consequently it…