IN THE HIGH COURT OF FIJI
AT LABASA
APPELLANT JURISDICTION
APPEAL NO. HBA 04 OF 2019

(On Appeal from LTA Tribunal No. 124/17)
IN THE MATTER of the Land Transport Act 1998.
AND
IN THE MATTER of an Appeal by JONE TUKANIA against the decision of the LAND TRANSPORT APPEALS TRIBUNAL delivered on 15th day of February 2019 for Land Transport Authority (LTA) to immediately re-issue and reinstate Taxi Permit No. T3693 to Jone Tukania.
                                                   
BETWEEN:			LAND TRANSPORT AUTHORITY
APPELLANT

AND:				 JONE TUKANIA

RESPONDENT
				                                     
Appearance:	Appellant	-	 Ms. Tauvere E.
		Respondent	- 	 Mr. Sen A.

Date of Hearing 	:	15 July, 2019
Date of Judgment 	:	17 July, 2019

JUDGMENT

Introduction
[1]	This is an appeal against decision of Land Transport Appeals Tribunal(LTAT) made on 	15.2.2019, where it had ordered Land Transport Authority (LTA) to re-issue and reinstate the 	Taxi Permit No T3693 (PSV Permit ) and in the name of Appellant-Respondent( Appellant). 	LTAT had also set aside the purported decision of LTA (Respondent- Appellant) to cancel Taxi 	Permit No T 3693. I call the decision to cancel PSV Permit purported, as permit had already 	expired due to non-renewal and void in law.  Appellant had not renewed his Taxi permit and 	it had expired on 01.01.2007, and in terms of Regulation 10(5)(b) of Land Transport (Public 	Service Vehicles) Regulation 2000(the Regulation 2000), upon expiry of permit it  	becomes void. 
[2]	So, the Permit had expired by virtue of it not being renewed, and it became void and no 	force  in law  from  01.01.2007. There was no requirement to cancel such a void 	licence, as 	there was nothing to cancel in a void licence. The board of LTA had done so, superfluously. It 	was an  error on their part.  So the purported  decision to cancel  the  void  PSV  Permit  No  	T3693, and the manner of purported cancellation of permit in 2009 and whether that was 	communicated or not cannot revive an already void licence on 1.1.2007. In any event 	Appellant cannot wait till 2016 and write a letter to LTA, in order to acquire right to 	appeal to LTAT and claim that there was an appealable decision by LTA to appeal to 	LTAT.
Facts
[3]	Plaintiff was a taxi driver who had Permit No T3693, which was issued on 02.01.2004 and it 	expired on 01.01. 2007. (See paragraph 8 and annexed MS O2 to affidavit in response to 	notice and grounds of appeal).
[4]	LTAT had requested copy record regarding PSV Permit T3693 on 8.6.2018 over 11 years after 	expiry of permit, and was not successful. This was due to the Appellant’s letter of 18.01.2016 	which is not produced in the copy record of LTAT filed in High Court.
[5]	The original file regarding said permit issued to Appellant, was destroyed through a fire at 	old premises of LTA, in 	Labasa in 2014. 
[6]	 LTA had replied to said letter of Appellant on 29.03.2016
[7]	LTA was able to extract details from data base of relevant PSV Permit T 3693 which indicated 	the date of issue and date of expiration.
[8]	Apart from that there was a record of payment of Tribunal Fee of $31 on 19.5.2009 and 	some other payments were also made on the same day including one year licence fee of 	licence to drive, which were irrelevant to this appeal.
[9]	Appellant had submitted a letter he had received on 29.3.2016 from LTA which was a reply 	to appellant’s letter of 18.01.2016, which stated a decision was taken to cancel taxi permit  	by the Board on 09.12.2008 due to failure to comply with Regulation 17(1) and (2) of 	Regulation 2000.
 Analysis
[10]	Appeal to High Court from a decision of LTAT is made in terms of Section 48of Land 	Transport Act 1998, which states:
	“48. A decision of the Tribunal shall be subject to an appeal, only on points of law to the 	High Court”
[11]	This appeal should be confined to errors of law made by LTAT.
[12]	 Jurisdiction of LTAT is stated in Section 40(2) of Land Transport Act1998.
[13]	First appeal ground is that LTAT, in its decision dated 15.2.2019, had not considered the 	nature of expired PSV Permit. This is a point of law as the legal effect of expired PSV Permit 	is contained in Regulation 10(5)(b) of the Regulation,2000 which states ;
	‘10(5) A public service vehicle licence is void if-
	……………..
	(b) the permit is cancelled, suspended, revoked  has expired ; or….’(emphasis added and 	irrelevant portions deleted)
[14]	There was undisputed evidence that Appellant was issued PSV Permit No T 3693 on 	02.01.2004 and it expired on 01.01,2007. Regulation 10(1) of the Regulation, 2000 also 	stipulates time period and accordingly it was only for 3 years from the date of issue.  
[15]	There is no evidence of that being renewed or an application being made, for renewal on or 	before expiration of said permit. It should also be noted if an application is made in terms of 	law before expiration of the permit, such licence will be valid till the application is disposed. 	(see regulation 10(4) of the Regulation, 2000).
[16]	In terms of Regulation 3(6) of the Regulation, 2000 an application for renewal or reissue 	needs to made 28 days prior to the expiration of the permit. No evidence of such application 	being made, this is a burden that is vested with the Appellant before LTAT. Such application 	also needs to comply the requirements under the Regulation, 2000.
[17]	So the PSV Permit T 3693 became void on 1.1.2007 as there was no application for reissue or 	renew made before stipulated time period.
[18]	LTAT had not considered this legal position of an expired permit in its decision and that is an 	error of law. So there was no valid permit issued to Appellant in law after 1.1.2007 for 	reissue or to reinstate as it was a void licence in law. All the actions taken by Appellant as 	well as LTA after it became void in law cannot attach any legality to the void permit. So, 	Appellant was flogging a dead horse.  Hence LTAT erred in reinstating and or reissuing an 	already void permit. So the appeal is allowed and decision of LTAT delivered on 15.2.2019 	is set aside. Cost of this appeal is summarily assessed at $1,000 to be paid within 21 days.
Final Orders
a.	Appeal is allowed.
b.	Decision of Land Transport Appeals Tribunal delivered on 15.2.2019 is set aside.
c.	Cost of this appeal is summarily assessed at $1,000 to be paid within 21 days.

					Deepthi Amaratunga
						Judge