Home | Databases | WorldLII | Search | Feedback Magistrates Court of Fiji

Narayan v Land Transport Authority [2014] FJMC 80; Appeal 15.2013 (13 May 2014)

In The Land Transport Appeals Tribunal
At Suva Appeal # 15 of 2013

Between:

Sanjay Akesh Narayan
Appellant

And:

Land Transport Authority
Respondent

Appellant: In Person
For LTA: Ms R May

Ruling

Introduction

The Appellant, Sanjay Akesh Narayan has filed a Motion for leave to appeal out of time. Together with the Motion he filed his affidavit. The Respondent has filed a reply.

History

In April 2009 the Appellant lodged an application for a new Taxi Permit. The application was refused. The Appellant later sought re-consideration of the decision refusing him a Taxi permit and the Board then refused him a Taxi Permit (vide letter dated 11th January 2010). The letter stated that the Board made the resolution to refuse him the permit on 26th November 2009.

The Appellant has annexed a receipt (dated 25/01/2010) of payment of $31 being the Tribunal appeal fees. His version is that the matter has not been called todate.

Analysis

This Tribunal has noted the Motion of the Appellant. He was given the Board decision vide letter dated 11th January 2010. He promptly filed his appeal within the 14 day period with the Tribunal. This is reflected from the receipt that is annexed by the Appellant in his affidavit.

This Tribunal finds that the Appellant acted promptly and upon being notified of the Board decision appealed the decision to this Tribunal. While the Board made the resolution in November 2009 it communicated it to the Appellant in January 2010. The Appellant according to this Tribunal acted within time. It is no fault of his that the matter has been pending before this Tribunal for this long. Changes in Secretariat to the Tribunal could be attributed to the oversight and matter not being properly listed.

The grounds of appeal of the Appellant are in his letter dated 15th January 2010. The Respondent is to file a response with 14 days and the Appellant to reply 7 days thereafter.

Orders

- The Appeal is on foot having been lodged (and the fees paid) in time.
- Respondent to Respondent to Grounds of appeal with 14 days and the Appellant to Reply 7 days thereafter.
- No Order as to costs.

Chaitanya Lakshman
Land Transport Appeals Tribunal

13/5/2014