Court rules in favour of cabbie
LEO Gately’s family’s livelihood was sacrificed when Rocky Cabs revoked his personal identification number last year after he was involved in a collision at a taxi rank.
But the Supreme Court backed him on Friday, ruling the PIN be returned to the 74-year-old.
Rocky Cabs claimed Gately’s actions brought the company into disrepute, and cancelled the PIN they had supplied him with so he could receive bookings and communicate with their headquarters.
The collision occurred about 11.30pm on August 14, 2010, at the Denham St taxi rank.
Gately believed the taxi driver in front of him had driven on a route banned by Rocky Cabs and got out of his vehicle to speak with the driver. After he complained to the other cabbie, Gately began to pull in front of him and the two vehicles collided at a slow speed.
The other taxi driver got out of his car and the pair engaged in a heated argument before the other cabbie pushed Gately and kicked his taxi.
Gately and the other driver headed to Rocky Cabs and although police attended the collision, no action was taken.
The company’s board members watched CCTV footage of the incident before a meeting with Gately.
He told them if he had his time again he would not have acted that way.
The board members discussed two other separate traffic incidents involving Gately, but he refuted both.
Justice John Byrne said the decision to revoke Gately’s PIN was not procedurally fair as the company did not inform him he was in jeopardy of losing it.
Justice Byrne described Rocky Cabs’ decision to withdraw the PIN as an “unreasonable restraint” and “unenforceable” and ruled the taxi company pay two-thirds of Gately’s legal fees.
Gately declined to speak with The Morning Bulletin.
Rocky Cabs’ manager could not be contacted yesterday.