Lekrari v Director General, Department of Transport

Lekrari sought to overturn the Director General’s decision to cancel his authority to drive public passenger vehicles. The Director General, NSW Department of Transport, had cancelled the applicant’s authority under the Passenger Transport Act 1990 after he was found guilty of a serious driving offence. The decision was made in accordance with the provisions of the Act. The applicant argued that the decision was unreasonable and not supported by the evidence. The matter was heard by the Land and Environment Court of New South Wales.

The primary legal issue was whether the Director General’s decision to cancel the applicant’s authority was unreasonable and not supported by the evidence. The applicant argued that the decision was not supported by the evidence and that it was unreasonable. The Director General contended that the decision was reasonable and in accordance with the provisions of the Passenger Transport Act 1990.

The Court held that the Director General’s decision was not unreasonable and was supported by the evidence. The Court found that the Director General had acted within his powers under the Act and that the decision was reasonable. The Court noted that the applicant had been found guilty of a serious driving offence and that this was a relevant consideration in the decision-making process. The Court also found that the applicant’s argument that the decision was not supported by the evidence was not persuasive. The Court held that the Director General’s decision was lawful and that it should be affirmed.

The Court also held that if the applicant attended and complied with all requirements and standards of a ‘Last Chance’ Re-training Program conducted by Taxis Combined Services Pty Ltd, he would be issued a new authority under the Passenger Transport Act 1990 to drive taxi cabs on or after 26 April 2000. This condition was imposed to provide the applicant with an opportunity to demonstrate his ability to drive public passenger vehicles in a safe and responsible manner.