Solomon v Commissioner of Police (NSW) [2021] NSWSC 236

Supreme Court New South Wales

Medium Neutral Citation: Solomon v Commissioner of Police (NSW) [2021] NSWSC 236 Hearing dates: 11 March 2021 Date of orders: 17 March 2021 Decision date: 17 March 2021 Jurisdiction: Common Law Before: Basten J Decision: (1) Grant the plaintiff an extension of time within which to file his summons for judicial review up to and including 7 October 2020. (2) Dismiss the summons. (3) Order that the plaintiff pay the defendant's costs of the proceedings. Catchwords: ADMINISTRATIVE LAW – procedure – time limits – extension of time – delay caused by obtaining legal advice and obtaining funds ADMINISTRATIVE LAW – judicial review – firearms prohibition order – whether person is a fit and proper person in the public interest to possess a firearm – procedural fairness – plaintiff not informed of or given opportunity to respond to factual matters ADMINISTRATIVE LAW – judicial review – denial of procedural fairness – non-disclosure of material to be relied on by decision-maker – whether information known to applicant – whether use of information reasonably expected – materiality of non-disclosure ADMINISTRATIVE LAW – judicial review – firearms prohibition order – irrelevant considerations – internal reviewer reliance upon uncharged drug offences – failure to address relevant considerations – matters raised by applicant Legislation Cited: Administrative Decisions Review Act 1997 (NSW), ss 49, 53, 55, 58 Firearms Act 1996 (NSW), ss 3, 8, 11, 42, 73, 74, 74A Law Enforcement (Powers and Responsibilities) Act, s 21 Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), r 59.10 Cases Cited: Australian Communications and Media Authority v Today FM (Sydney) Pty Ltd (2015) 255 CLR 352; [2015] HCA 7 Buck v Bavone (1976) 135 CLR 110; [1976] HCA 24 CNY17 v Minister for Immigration and Broder Protection (2019) 94 ALJR 140; [2019] HCA 50 Director of Public Prosecutions (NSW) v Shaba [2018] NSWSC 811 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123; [2018] HCA 34 Kioa v West (1985) 159 CLR 550; [1985] HCA 81 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421; [2019] HCA 3 Minister for Immigration and Border Protection v SZSSJ (2016) 259 CLR 180; [2016] HCA 29 Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd (2018) 264 CLR 1; [2018] HCA 4 Re Minister for Immigration and Multicultural Affairs; Ex parte Miah (2001) 206 CLR 57; [2001] HCA 22 Category: Principal judgment Parties: David Solomon (Plaintiff) Commissioner of Police (Defendant) Representation: Counsel: C Parkin (Plaintiff) J Davidson (Defendant)