Oliveri Transport Services v Director of Dept of Transport of NSW & Anor

Oliveri Transport Services Pty Ltd (the applicant) sought judicial review of a decision by the Director of the Department of Transport of New South Wales (the first respondent) and the Minister for Transport of New South Wales (the second respondent). The applicant was challenging the validity of a notice issued under section 138(1) of the *Road Transport (General) Act 1999* (NSW) which purported to suspend the applicant's transport operator's licence. The application was heard by Callinan J in chambers.

The central legal issue before the Court was whether the notice of suspension issued by the Director was valid. This required the Court to consider the proper interpretation of section 138(1) of the *Road Transport (General) Act 1999* (NSW), specifically whether the Director had the necessary authority to issue such a notice in the circumstances that arose. The applicant contended that the notice was procedurally flawed and therefore invalid.

Callinan J found that the notice of suspension was invalid. His Honour reasoned that section 138(1) of the *Road Transport (General) Act 1999* (NSW) conferred power on the Director to suspend a licence only where the Director was satisfied that the licensee had contravened a condition of the licence or had been convicted of a relevant offence. In this instance, the Director had not been satisfied of either of these preconditions. Consequently, the Director had acted outside the scope of the power granted to him by the legislation, rendering the notice of suspension ultra vires and of no legal effect.

The Court ordered that the notice of suspension issued by the Director of the Department of Transport of New South Wales be quashed.