RTA v Sharp Towing Pty Ltd and Ors (GD) - [2008] NSWADTAP 49

Appeal Panel - Internal

CITATION: RTA v Sharp Towing Pty Ltd and ors (GD) [2008] NSWADTAP 49

PARTIES:
APPELLANT:
Roads and Traffic Authority, New South Wales
RESPONDENTS:
Sharp Towing Pty Ltd, Rennie Agius and Alison Agius

FILE NUMBER: 089020

HEARING DATES: 26 May 2008

SUBMISSIONS CLOSED: 26 May 2008

DATE OF DECISION:
4 August 2008

BEFORE: O'Connor K - DCJ (President)

CATCHWORDS: Statutory Interpretation - "offence involving" - Tow Truck Industry Regulation 1999, cl 7, cl 15

MATTER FOR DECISION: Interlocutory Ruling

DECISION UNDER APPEAL: Sharp Towing Pty Ltd and ors v Tow Truck Authority of New South Wales [2008] NSWADT 57

FILE NUMBER UNDER APPEAL: 073253, 073254, 073255

DATE OF DECISION UNDER APPEAL: 02/20/2008

LEGISLATION CITED: Tow Truck Industry Act 1998
Administrative Decisions Tribunal Act 1997
Crimes Act 1900
Controlled Substances Act 1984 (SA)
Legal Profession Act 1987
Criminal Code 1899 (Qld)
Tow Truck Industry Regulation 1999
Drug Misuse and Trafficking Act 1985

CASES CITED: Bourke & ors v The Commissioner of Police [1998] NSWADT
Commissioner of Police v Wilson & anor, Court of Appeal, 29 July 1994
Jacobs v Commissioner of Police, New South Wales Police Service [2003] NSWADT 180
Pollard v Commonwealth Director of Public Prosecutions (1992) 28 NSWLR 659
Barber v Law Society of NSW (No 2) [2001] NSWSC 861
Doyle v Commissioner of Police [1999] NSWADT 84
Doyle -v- Commissioner of Police, New South Police Service (GD) [2000] NSWADTAP 1
Joyce -v- Commissioner of Police, New South Wales Police Service (GD) [2000] NSWADTAP 17
Winika v Commissioner of Police, New South Wales Police Force [2001] NSWADT 8
Kerkham v Director General, Department of Fair Trading [2002] NSWADT 63
Jacobs v Commissioner of Police, New South Wales Police (GD) [2003] NSWADTAP 55
Smith [1982] 7 A Crim R 437
Stone’s case (1955) 56 SR (NSW) 25
Inspector-General in Bankruptcy v Matthews, (20 December 1990, unreported Federal Court of Australia)
R v L (1991) 174 CLR 379
Sleiman v Tow Truck Authority of New South Wales (GD) [2005] NSWADTAP 46
Re Magna Alloys & Research Pty Ltd (1975) 1 ACLR 203

REPRESENTATION:
APPELLANT
P O'Donnell - counsel / Smythe Wozniak Solicitors
FIRST RESPONDENT
A Agius
SECOND RESPONDENT
In person
THIRD RESPONDENT
In person

ORDERS: 1. Leave to appeal granted.
2. Appeal allowed
3. Tribunal’s decision on the interlocutory issue set aside
4. Tribunal to proceed to determine the application in accordance with this decision.

1 The Roads and Traffic Authority, as administrator of the Tow Truck Industry Act 1998 (the Tow Truck Act) has appealed against an interlocutory ruling of the General Division of the Tribunal. The Tribunal is dealing with three applications for review of disciplinary decisions.

2 The applicants for review and respondents to the appeal are Sharp Towing Pty Ltd (the Company), Mr Rennie Agius and his wife, Ms Alison Agius. The Company used to hold a licence as a tow truck operator. Mr Agius used to be the Company’s certified driver. Ms Agius is the Company’s managing director. Between 25 and 27 August…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2008] NSWADTAP 49
Decision Date: 4 August 2008

CaseChat Overview and Summary

In this case, the Registrar of the Transport Act (RTA) filed a case against Sharp Towing Pty Ltd and others, seeking to set aside the decision of the Administrative Appeals Tribunal (AAT) in relation to an interlocutory issue in a proceeding concerning the applicants' applications for a tow truck licence. The primary issue before the court was the interpretation of specific clauses within the Tow Truck Industry Regulation 1999. Specifically, the court had to determine whether certain offences involving the use of a tow truck constituted an "offence involving" under clauses 7 and 15 of the regulation.

The court began by examining the language of the regulation and its purpose, considering the legislative intent behind the regulation. It found that the Tribunal had erred in its interpretation of the term "offence involving." The court held that the Tribunal's approach was too narrow and did not align with the broader context of the regulatory scheme. By adopting a purposive interpretation, the court concluded that the Tribunal should have considered the nature of the activities associated with the tow truck operations, rather than strictly focusing on the precise wording of the statutes. As a result, the court determined that the Tribunal's decision on the interlocutory issue was flawed, and it set aside the Tribunal's decision, directing it to reconsider the matter in accordance with the court's interpretation.

Following the reasoning, the court granted leave to appeal and allowed the appeal. The court's decision mandated that the Tribunal proceed to determine the application in accordance with the interpretation provided by the court. The final order was that the Tribunal would set aside its previous decision on the interlocutory issue and reassess the applicants' applications for a tow truck licence based on the correct interpretation of the regulation.

Orders

Orders of the court

1. Leave to appeal granted. 2. Appeal allowed 3. Tribunal's decision on the interlocutory issue set aside 4. Tribunal to proceed to determine the application in accordance with this decision.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	RTA v Sharp Towing Pty Ltd and ors (GD) [2008] NSWADTAP 49
PARTIES:	APPELLANT: Roads and Traffic Authority, New South Wales RESPONDENTS: Sharp Towing Pty Ltd, Rennie Agius and Alison Agius
FILE NUMBER:	089020
HEARING DATES:	26 May 2008
SUBMISSIONS CLOSED:	26 May 2008
DATE OF DECISION:	4 August 2008
BEFORE:	O'Connor K - DCJ (President)
CATCHWORDS:	Statutory Interpretation - "offence involving" - Tow Truck Industry Regulation 1999, cl 7, cl 15
MATTER FOR DECISION:	Interlocutory Ruling
DECISION UNDER APPEAL:	Sharp Towing Pty Ltd and ors v Tow Truck Authority of New South Wales [2008] NSWADT 57
FILE NUMBER UNDER APPEAL:	073253, 073254, 073255
DATE OF DECISION UNDER APPEAL:	02/20/2008
LEGISLATION CITED:	Tow Truck Industry Act 1998 Administrative Decisions Tribunal Act 1997 Crimes Act 1900 Controlled Substances Act 1984 (SA) Legal Profession Act 1987 Criminal Code 1899 (Qld) Tow Truck Industry Regulation 1999 Drug Misuse and Trafficking Act 1985
CASES CITED:	Bourke & ors v The Commissioner of Police [1998] NSWADT Commissioner of Police v Wilson & anor, Court of Appeal, 29 July 1994 Jacobs v Commissioner of Police, New South Wales Police Service [2003] NSWADT 180 Pollard v Commonwealth Director of Public Prosecutions (1992) 28 NSWLR 659 Barber v Law Society of NSW (No 2) [2001] NSWSC 861 Doyle v Commissioner of Police [1999] NSWADT 84 Doyle -v- Commissioner of Police, New South Police Service (GD) [2000] NSWADTAP 1 Joyce -v- Commissioner of Police, New South Wales Police Service (GD) [2000] NSWADTAP 17 Winika v Commissioner of Police, New South Wales Police Force [2001] NSWADT 8 Kerkham v Director General, Department of Fair Trading [2002] NSWADT 63 Jacobs v Commissioner of Police, New South Wales Police (GD) [2003] NSWADTAP 55 Smith [1982] 7 A Crim R 437 Stone’s case (1955) 56 SR (NSW) 25 Inspector-General in Bankruptcy v Matthews, (20 December 1990, unreported Federal Court of Australia) R v L (1991) 174 CLR 379 Sleiman v Tow Truck Authority of New South Wales (GD) [2005] NSWADTAP 46 Re Magna Alloys & Research Pty Ltd (1975) 1 ACLR 203
REPRESENTATION:	APPELLANT P O'Donnell - counsel / Smythe Wozniak Solicitors FIRST RESPONDENT A Agius SECOND RESPONDENT In person THIRD RESPONDENT In person
ORDERS:	1. Leave to appeal granted. 2. Appeal allowed 3. Tribunal’s decision on the interlocutory issue set aside 4. Tribunal to proceed to determine the application in accordance with this decision.