Commissioner of Police, NSW Police Force v EMB [2020] NSWCATAP 262

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Commissioner of Police, NSW Police Force v EMB [2020] NSWCATAP 262 Hearing dates: 2 December 2020 Date of orders: 10 December 2020 Decision date: 10 December 2020 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member Decision: (1) The application for a stay of the order made by the Tribunal below is dismissed. (2) The respondent's submissions and evidence in support of the application for costs is to be lodged with the Appeal Registry and given to the appellant within 21 days of the publication of these orders. (3) The appellant's submissions and evidence in response are to be lodged with the Appeal Registry and given to the respondent within 21 days thereafter. (4) Any submissions in reply are to be lodged with the Appeal Registry and given to appellant within 7 days thereafter. (5) Submissions on the application for costs are not to exceed five pages in length. (6) A hearing of the application for costs is dispensed with and it is to be determined on the papers. Catchwords: APPEALS – Interlocutory - Firearms Licence - Stay Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Firearms Act 1996 (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Beck v Colonial Staff Super Pty Ltd & Ors (No. 2) [2015] NSWSC 1360 Bell v Commissioner of Taxation [2012] FCA 1042 Bentran v Sabbarton [2014] NSWCATAP 37 EMB v Commissioner of Police [2020] NSWCATAD 255 Cook's Construction Pty Ltd v Stork Food Systems Australasia Pty Ltd [2008] 2 Qd R 453 House v The King (1936) 55 CLR 499 Lee v Medical Council of NSW [2017] NSWCATOD 132 New South Wales Bar Association v Stevens [2003] NSWCA 95 Penrith Whitewater Stadium Ltd v Lesvos Pty Ltd [2007] NSWCA 103 Re Maria Politis v Commissioner of Taxation [1988] FCA 739 at [14]; 20 ATR 108 at 111 Re Minister for Immigration and Multicultural Affairs, Re; Ex parte Applicant S20/2002; Appellant S106/2002 v Minister for Immigration and Multicultural Affairs [2003] HCA 30; 77 ALJR 1165 Serobian v Commonwealth Bank of Australia [2009] NSWCA 309 Sobey v Commercial and Private Agent's Board (1979) 20 SASR 70 Texts Cited: Nil Category: Procedural and other rulings Parties: Commissioner of Police, NSW Police Force (Appellant) EMB (Respondent) Representation: Counsel: C Nowlan (Respondent)