Director General, Ministry of Transport v Haider (GD)

In the case of Director General, Ministry of Transport v Haider, the appellant, the Director General of the Ministry of Transport, appealed against a decision of a Tribunal that had overturned the cancellation of the respondent's transport authority. The Tribunal found that the Director General had acted without procedural fairness in cancelling the authority and had erred in their assessment of the evidence. The appeal was heard by the court which was required to determine whether the Tribunal had correctly identified the errors in the Director General's decision-making process.

The court was required to consider whether the Tribunal had erred in finding that the Director General had failed to act with procedural fairness, and whether the Tribunal had correctly identified the errors in the Director General's assessment of the evidence. The court also had to consider whether the Tribunal had applied the correct standard of proof in reaching its decision.

The court found that the Tribunal had correctly identified the errors in the Director General's decision-making process and had applied the correct standard of proof. The court found that the Director General had failed to act with procedural fairness by not providing the respondent with an opportunity to respond to evidence that was relied upon in the decision to cancel their transport authority. The court also found that the Director General had erred in their assessment of the evidence by failing to consider the credibility of another witness. The court set aside the decision under appeal and restored the respondent's transport authority, subject to the directions given in paragraph [100]. The court also granted leave to extend the appeal to the merits and directed the Appeal Panel to determine the matter in accordance with the directions given.