Himo v Commissioner of Police [2021] NSWCATAD 321

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Himo v Commissioner of Police [2021] NSWCATAD 321 Hearing dates: 14 October 2021 Date of orders: 2 November 2021 Decision date: 02 November 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: Naida Isenberg, Senior Member Decision: The decision under review is affirmed. Catchwords: LICENSING – firearms – fit and proper person – public interest – history of domestic violence - association with known criminal – lack of candour – traffic record – false and misleading statements – disregard for regulatory scheme Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Firearms Regulation 2017 Cases Cited: Aubrey v Commissioner of Police [2005] NSWADT 266 Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Barlow v Commissioner of Police, NSW Police Force [2003] NSWADT 254 Bladen v Commissioner of Police, New South Wales Police Force [2015] NSWCATAD 240 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, New South Wales Police Force [2013] NSWADTAP 16 Cook v Commissioner of Police [2021] NSWCATAD 204 Director of Public Prosecutions v Smith [1991] VicRp 6; (1991) 1 VR 63. Hill v Commissioner of Police, New South Wales Police Service [2002] NSWADT 218 Hook v Commissioner of Police [2020] NSWCATAD 250 Hunt v Commissioner of Police [2021] NCATAD 58 In Hughes and Vale Pty Ltd v New South Wales (No.2) [1955] HCA 28; (1955) 93 CLR 127 Keegan Jacques v Commissioner of Police [2017] NSWCATAD 145 Kogias v Commissioner of Police [2020] NSWCATAD 297 Leatham v Commissioner of Police [2021] NSWCATAD 121 Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97 McDonald v Director General of Social Security (1984) 1FCR 353 at 357 Masterson v Commissioner of Police [2017] NSWCATAP 206 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 Potts v Commissioner of Police, NSW Police Service [2010] NSWADT 311 Prevetera v Commissioner of Police [2021] NSWCATAD 133 Stamatelatos v Commissioner of Police, NSW Police Force [2018] NSWCATAD 156 Tannous v Commissioner of Police [2011] NSWAT 116) Vella v The Commissioner of Police [2003] NSWADT 91 Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28 Category: Principal judgment Parties: Jacob Himo (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Hartmann & Associates (Applicant) Maddocks Lawyers (Respondent) File Number(s): 2021/129792 Publication restriction: Pursuant to ss 64(1)(c) and (d) of the CAT Act, the transcript and recording of the confidential hearing, confidential exhibits, and the contents of all paragraphs in these reasons marked "[Not for publication]" are not to be published or released to the Applicant.