Huggins v Commissioner of Police [2021] NSWCATAD 119

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Huggins v Commissioner of Police [2021] NSWCATAD 119 Hearing dates: 8 April 2019 (Submissions closed 12 February 2021) Date of orders: 10 May 2021 Decision date: 10 May 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: The decision to revoke the Applicant's Category AB Firearms Licence is affirmed. Catchwords: ADMINISTRATIVE LAW - Firearms –– objects of legislation – public interest – whether to receive further evidence – procedural fairness – nature of administrative review – findings to the civil standard. Legislation Cited: Civil and Administrative Tribunal Act 2013 Crimes (Sentencing Procedure) Act 1999 Firearms Act 1996 Firearms Regulation 2006 (repealed) Firearms Regulation 2017 Weapons Prohibition Regulation 2009 Cases Cited: Comalco Aluminium (Bell Bay) Ltd v O'Connor (1995) 131 ALR 657 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police NSW Police Force [2013] NSWADTAP 16 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA; (1979) 46 FLR 409 Esterman v Commissioner of Police, New South Wales Police Force [2014] NSWCATOD 70 Joseph v Commissioner of Police New South Wales Police Force [2017] NSWCA Leviny v Commissioner of Police, NSW Police Force (GD) [2013] NSWADTAP 34 Lynch v the Commissioner of Police (GD) [2006] NSWADTAP 43 Petas v Commissioner of Police, NSW Police [2013] NSWADT 137 Texts Cited: Nil Category: Principal judgment Parties: Scott Ross Huggins (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Jack C Herrald Solicitors (Applicant) Maddocks Solicitors (Respondent) File Number(s): 2019/00002547 Publication restriction: Nil