Shore Buses Ltd v Land Transport Authority [2020] FJLTAT 4; Appeal 10.2018 (7 February 2020)

Land Transport Appeals Tribunal
Sitting at Suva
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Appeal # 10 of 2018

Between: Shore Buses Limited

[Appellant]

And: Land Transport Authority
[Respondent]

Shankar Singh Transport
Taunovo Bus Company Limited

[Interested Parties]

Appearances:

Appellant: Mr V. Kapadia.
LTA: Ms L. Tikoinayau.
Shankar Singh: Mr R. Prakash.
Taunovo Buses: Mr F. Vosarogo.

Date of Hearing- 26^th September 2019

Judgement

Introduction

The Appellant appealed the decision of the LTA. The Authority refused Appellant’s application for extension and amendment of Road Route License for trips from Naboro to Wainadoi via Queens Road.

The Appellant is seeking an order that the decision to refuse the said application be set aside and that the application be granted.

The Grounds of Appeal

The grounds of appeal are as follows:

“1. The Authority erred in not providing any documents on which the Board members relied upon to make the decision. The Authority refused to give relevant documents to Shore Buses at the hearing and advised that Shore Buses should submit on its application only and respond to the two objection letters. The Authority erred in not giving Shore Buses a right to a fait hearing and breached its legislative expectation as to procedural and substantive fairness in the hearing of its application.

2. The Authority erred in not making a decision on Shore Buses application for about 10 years and then citing the situation has changed since the initial application was made in 2008 without explaining how the situation has changed so that the application had to be refused. It is common knowledge that the population in Wainadoi area has increased significantly and therefore there was more need for the bus services provided by Shore Buses in Wainadoi area now then before.