Sikka v Roads and Maritime Services (GD)

Administrative Decisions Tribunal

New South Wales

Medium Neutral Citation:

Sikka v Roads and Maritime Services (GD) [2013] NSWADTAP 28

Hearing dates:

9 May 2013

Decision date:

27 June 2013

Jurisdiction:

Appeal Panel - Internal

Before:

Judge K P O'Connor, President
C Huntsman, Judicial Member
M Bolt, Non-judicial Member

Decision:

1. Decision under appeal set aside.

2. Application to extend appeal to merits granted.

3. Registrar to list appeal for a directions hearing.

Catchwords:

OCCUPATIONAL REGULATION - Cancellation of Taxi Driver Authority - Honesty and Integrity - Duplicate Transactions - Tribunal affirmed cancellation after delivery of oral reasons - Appeal - Adequacy of Reasons - Standards - Held inadequate - Appeal extended to merits. Passenger Transport Act 1990, s 33(1), (3), 33F

Legislation Cited:

Administrative Decisions Tribunal Act 1997
Crimes Act 1900
Passenger Transport Act 1990

Cases Cited:

Battenberg v The Union Club [2005] NSWADTAP 20
Mouwad v Commissioner of Police, NSW Police Force (GD) [2011] NSWADTAP 50
Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110
Resource Pacific Pty Ltd v Wilkinson [2013] NSWCA 33
Sasterawan v Morris [2008] NSWCA 70

Category:

Principal judgment

Parties:

Amit Sikka (Appellant)
Roads and Maritime Services (Respondent)

Representation:

M Jools (agent by leave, Appellant)
A Wozniak, solicitor, Smythe Wozniak Legal (Respondent)

File Number(s):

139010

 Decision under appeal 

Jurisdiction:

9108

Citation:

Sikka v Roads and Maritime Services (unreported, 11 March 2013)

Date of Decision:

2013-03-11 00:00:00

Before:

General Division

File Number(s):

123138

reasons for decision

1. After internal review, Roads and Maritime Services (RMS) decided on 10 May 2012 to affirm its decision first advised 28 April 2012 cancelling Mr Sikka's taxi-cab driver authority.

1. The authority was issued under s 33(1) of the Passenger Transport Act 1990. Section 33(3) provides:

(3) The purpose of an authority ... is to attest:

(a) that the authorised person is considered to be of good repute and in all other respects a fit and proper person to be the driver of a taxi-cab, and

(b) that the authorised person is considered to have sufficient responsibility and aptitude to drive a taxi-cab:

(i) in accordance with the conditions under which the taxi-cab service concerned is operated, and

(ii) in accordance with law and custom.

1. The power to cancel is given by s 33F:

33F Variation, suspension or cancellation of authority

Having regard to the purpose of authorisation under this Division, RMS may at any time vary, suspend or cancel any person's authority under this Division.

1. RMS acted on the basis of four matters. First, it found justified a specific passenger complaint of double charging, made 1 August 2011 in relation to a trip paid for by credit card that occurred on 21 June 2011. Second, it ascertained in the course of investigating that complaint, that Mr Sikka had settled with the company that processes credit card payments a number of complaints to it of double charging by him, in the amount of $3406. Third and fourth, it referred to his complaints record and traffic infringement history in the period since 2009…