Marshall v Commissioner of Police [2020] NSWCATAD 308

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Marshall v Commissioner of Police [2020] NSWCATAD 308 Hearing dates: 21 August 2020; 1 September 2020 Date of orders: 11 December 2020 Decision date: 11 December 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: The decision under review is affirmed Catchwords: ADMINISTRATIVE LAW – Firearms licence - refusal of licence - public interest Legislation Cited: Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Firearms Act 1996 Cases Cited: Comalco Aluminium (Bell Bay) Ltd v O'Connor and Ors (1995) 131 ALR 657 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police, NSW Police Force [2013] NSWADTAP 16 Cusumano v Commissioner of Police, NSW Police Service [2001] NSWADT 50 Director of Public Prosecutions v Smith [1991] VicRp 6; (1991) 1 VR 63 EJU v Commissioner of Police [2020] NSWCATAD 270 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 Texts Cited: None cited Category: Principal judgment Parties: David Marshall (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Warwick McCarthy & Co, Solicitors (Applicant) Maddocks (Respondent) File Number(s): 2020/00094290 Publication restriction: The disclosure of the material filed by the Respondent on a confidential basis is prohibited. This order is made pursuant to section 64(1) of the Civil and Administrative Tribunal Act 2013. Those paragraphs of these reasons identified as [NOT FOR DISCLOSURE] are not to be released other than to the Respondent without further order of the Tribunal.