EJU v Commissioner of Police [2020] NSWCATAD 270

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EJU v Commissioner of Police [2020] NSWCATAD 270 Hearing dates: 22 July 2020 Date of orders: 2 November 2020 Decision date: 02 November 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: The decision to revoke EJU's Category H firearms licence is set aside. Catchwords: ADMINISTRATIVE LAW – Firearms – Revocation of firearm licence – Whether it is contrary to the public interest for applicant to hold a licence Legislation Cited: Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Firearms Act 1996 Firearms Regulation 2017 Cases Cited: Comalco Aluminium (Bell Bay) Ltd v O'Connor and Ors (1995) 131 ALR 657 Constantin v Commissioner of Police, NSW Police Force [2013] NSWADTAP 16. Director of Public Prosecutions v Smith [1991] VicRp 6; (1991) 1 VR 63 Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28 Webb v Commissioner of Police, New South Wales Police Service [2004] NSWADT 110 Category: Principal judgment Parties: EJU (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: EJU (Applicant) Office of the General Counsel, NSW Police Force (Respondent) File Number(s): 2020/00120602 Publication restriction: Section 64(1)(a) of the Civil and Administrative Tribunal Act 2013 applies in relation to the identity of the Applicant.