Geftakis v Maritime Services Board

The New South Wales Court of Appeal heard an appeal by Mr. Geftakis against a decision of the Supreme Court of New South Wales. The dispute concerned the Maritime Services Board's refusal to grant Mr. Geftakis a licence to operate a ferry service on the Parramatta River. Mr. Geftakis sought to operate a ferry service between Gladesville and Putney, a route already serviced by a licensed operator.

The central legal issue before the Court of Appeal was whether the Maritime Services Board had acted unlawfully in refusing to grant Mr. Geftakis a licence. Specifically, the court had to determine if the Board's decision was affected by an error of law, particularly in its interpretation and application of the relevant provisions of the *Navigation Act 1901* (NSW) and the *Maritime Services Act 1935* (NSW), which governed the licensing of ferry services. The court also considered whether the Board had taken into account irrelevant considerations or failed to take into account relevant ones.

The Court of Appeal found that the Maritime Services Board had erred in law. The Board had interpreted the legislation as requiring it to consider the existing licensed operator's interests as paramount, effectively giving them a monopoly. The court held that while the Board was entitled to consider the public interest, which included the viability of existing services, it was not entitled to refuse a licence solely on the basis of protecting an existing operator from competition. The Board was required to assess the merits of the proposed service and consider whether it would be in the public interest, which included the potential benefits of increased competition and improved services for the public. The court emphasised that the legislation did not grant an existing licensee an absolute right against new competition.

The Court of Appeal allowed the appeal, set aside the Supreme Court's order, and remitted the matter to the Maritime Services Board for reconsideration according to law.