Kogias v Commissioner of Police [2021] NSWCATAP 165

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kogias v Commissioner of Police [2021] NSWCATAP 165 Hearing dates: 9 April 2021 Date of orders: 3 June 2021 Decision date: 03 June 2021 Jurisdiction: Appeal Panel Before: R Dubler SC, Senior Member S Goodman SC, Senior Member Decision: (1) Leave to appeal is refused; (2) The appeal is dismissed. Catchwords: APPEALS – procedural fairness – failure to take matters into account - leave to appeal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 80 Firearms Act 1996 (NSW), s 11 Cases Cited: Collins v Urban [2014] NSWCATAP 17 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Texts Cited: Nil Category: Principal judgment Parties: Christopher Kogias (Appellant) Commissioner of Police (Respondent) Representation: Solicitors: Appellant (Self Represented) Lindsay Taylor Lawyers (Respondent) File Number(s): 2021/0056024 (AP 21/00656) Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administration Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2020] NSWCATAD 297 Date of Decision: 4 December 2020 Before: Emeritus Prof GD Walker, Senior Member File Number(s): 2020/00070251

REASONS FOR DECISION

Introduction 1. In April 2019, the appellant applied to the respondent for the issue of a category AB firearms licence for the purposes of sport and target shooting and recreational hunting. 2. The respondent refused the application, and that refusal was affirmed by both an internal review decision of the respondent and a decision of the Tribunal delivered on 4 December 2020 ("Decision"). 3. The appellant has appealed against the Decision on several grounds, and has sought leave to appeal for a review of the Decision on its merits. For the reasons developed below the Appeal Panel refuses leave to appeal and dismisses the appeal.