Libdy v Commissioner of Police [2020] NSWCATAD 276

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Libdy v Commissioner of Police [2020] NSWCATAD 276 Hearing dates: 27 October 2020 Date of orders: 10 November 2020 Decision date: 10 November 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: Naida Isenberg, Senior Member Decision: (1) The Tribunal decides to deal with the Applicant's application to the Tribunal for review of the Respondent's decision to impose a FPO, even though the applicant has not duly applied for internal review of the decision. (2) The parties are to file Short Minutes of Order setting out a timetable for the filing of evidence and submissions with a view to a hearing date after the conclusion of the Applicant's criminal trial currently scheduled to commence on 1 March 2021, or such earlier date as the parties may agree. Catchwords: ADMINISTRATIVE LAW – late application for internal review – late consideration of application by Respondent –– whether the application to the Tribunal made within a reasonable time - whether Respondent unreasonably refused to consider Applicant's late application for internal review – whether it is necessary for the Tribunal to deal with the application to protect the Applicant's interests Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Firearms and Dangerous Weapons Act 1973 Cases Cited: Addison v Commissioner of Police, NSW Police Force [2019] NSWCATAD 99 Bassal v Commissioner of Police [2017] NSWCATAD 276 CFA v Department of Family and Community Services [2016] NSWCATAD 32 Chiswell v Commissioner for Fair Trading, Department of Finance, Services & Innovation [2016] NSWCATOD 154 ECX v Secretary, Department of Communities and Justice [2019] NSWCATAD 252 Hamid v Commissioner of Police, New South Wales Police Force [2018] NSWCATAD 43 Jones v Dunkel (1959) 101 CLR 98 Joseph v Commissioner of Police, New South Wales Police Force [2017] NSWCAT 31 Shi v Migration Agents Registration Authority [2008] HCA 31 Texts Cited: None cited Category: Procedural and other rulings Parties: Kevin Libdy (Applicant) Commissioner of Police (Respondent) Representation: Counsel: C Parkin (Applicant)