Sullivan v Department of Transport

The appeal is to the Court from a decision of the Administrative Appeals Tribunal (Tribunal) given on 15 November 1977, whereby the Tribunal affirmed the decision of the Delegate of the Secretary of the Department of Transport of 7 March 1977 "refusing to grant the applicant a commercial pilot licence and a radiotelephone operator licence". The applicant sought to have the Tribunal's decision reviewed by the Court. The Court found that the Tribunal had failed to consider all relevant evidence and to exercise its discretion appropriately under Regulation 57(2) of the Air Navigation Regulations. The Court allowed the appeal, remitted the matter to the Tribunal to be reheard, and ordered costs of and incidental to this appeal. The applicant had applied for the renewal of his commercial pilot licence and radiotelephone operator licence, but his application was refused due to his failure to meet the medical standards. The Tribunal affirmed the decision, finding that the applicant had an established medical history of psychosis. However, the Court found that the Tribunal had failed to consider the applicant's current and future health status and whether a conditional renewal of his licences would be appropriate. The Court also found that the Tribunal had failed to consider the possibility of calling Dr. Larry Evans, a medical expert, as a witness. The Court concluded that the Tribunal had not acted judicially and had breached the principles of natural justice by failing to give the applicant an opportunity to present his case properly.