Ali v Land Transport Authority [2017] FJLTAT 13; Appeal 15.2016 (12 May 2017)

Land Transport Appeals Tribunal
Sitting at Nausori Appeal # 15 of 2016

Between: Daya Ali
Appellant

And: Land Transport Authority
Respondent

Matelita Rokovi Interested Party

Appearances and Representation:

For the Appellant: Mr L. Qetaki – Legal Aid
For LTA: Ms M. Ligabalavu
Interested Party: Present – In Person

Judgment

Introduction

The Appellant has appealed the decision (dated 28^th January 2016) of the LTA following a Show Cause dismissing the complaint by the appellant alleging that the interested party had given the taxi permit on hire to her. The decision of LTA was communicated through a letter dated 4^th February 2016.

The Decision

The decision of the LTA was as follows:

“2. The Land Transport Authority (Authority) in its resolution on 28 January 2016 had dismissed the show cause against Permit No T4124 on the following grounds:

1. That the materials and evidence submitted by Mrs Daya Ali the complainant clearly stated that there was no sale of permit.
   
2. That Matelita Rokovi the permit holder had maintained control of Permit no. T4124 while hiring it out to Mrs Daya Ali.
   

100. Provided that there was insufficient materials and evidence submitted by Mrs Daya Ali to confirm that there was a sale of permit, the Authority had decided that permit No. T4124 to remain with Matelita Rokovi the permit holder.”
     

Grounds of Appeal

The Appellant’s grounds for appeal are as follows:

“1. THAT the Land Transport Authority erred in holding that there was insufficient materials and evidence submitted by Mrs Daya Ali to state there being a Sale of Permit conducted, being permit No: T4124. The Authority failed to consider that there were receipts and documentations tendered in this regards.

2. THAT the Land Transport Authority has failed to properly evaluate the receipts and documentations before coming to a conclusion on the Show Cause proceedings for T4124.
3. THAT