Banks v Transport Regulations Board (Victoria)

119 CLR 222
1968 - 0510B - HCA

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Between: Banks
And: Transport Regulations Board (Victoria)

Court:

Judges: Barwick CJ
McTiernan J
Kitto J
Taylor J
Owen J

Subject References:
Transport
Taxi licence revoked
Statutes
Regulation-making power
Erroneous grounds
Certiorari
Validity of regulation

Legislative References:
Transport Regulation Act 1958 (Vic) - s 23; s 31; s 32; s 44
Judiciary Act 1903 (Cth) - s 35
Transport Regulation Act 1958 (Vic) - s 44
Transport Consolidated Regulations 1960 (Vic) - r 11

Hearing date: 21 February 1968; 27 February 1968; 28 February 1968
Judgment date: 10 May 1968

MELBOURNE

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ORDER

Objection to competency overruled and motion dismissed with costs.

Appeal allowed with costs.

Order of the Full Court of the Supreme Court of Victoria set aside and in lieu thereof order that the order nisi for writ of certiorari to quash the decision of the Board and the revocation of the appellant's licence No. MT.2765 to operate a metropolitan taxi-cab be made absolute with costs.