Hatton v Commissioner of Police [2022] NSWCATAD 49

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hatton v Commissioner of Police [2022] NSWCATAD 49 Hearing dates: 3 February 2022 Date of orders: 14 February 2022 Decision date: 14 February 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: J Levine, Senior Member Decision: (1) The Decision under review is set aside. (2) A Category AB firearms licence is to be issued to the Applicant for recreational hunting/vermin control. Catchwords: ADMINISTRATIVE REVIEW – Licensing – Firearms - Refusal to issue category AB firearms licence – Whether licence would be contrary to the public interest – history of traffic offences – one charge of offensive behaviour – relevance of conduct underlying withdrawn offences – fit and proper person not contested – genuine reason for licence Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Firearms Act 1996 (NSW) Cases Cited: AML v Commissioner of Police [2013] NSWADT 5 Aubrey v Commissioner of Police [2005] NSWADT 266 Constantin v Commissioner of Police [2013] NSWADTAP 16 Esterman v Commissioner of Police [2014] NSWCATOD 70 Farrugia v Commissioner of Police [2019] NSWCATAD 208 Joseph v Commissioner of Police [2017] NSWCA 31 Keegan-Jaques v Commissioner of Police [2017] NSWCATAD 145 Lee v Commissioner of Police [2020] NSWCATAD 144 Madziala v Commissioner of police [2021] NSWCATAD 269 Martin v Commissioner of Police [2017] NSWCATAD 97 Petas v Commissioner of Police [2013] NSWADT 137 Tannous v Commissioner of Police [2011] NSWADT 116 Ward v Commissioner of NSW Police (2000) NSWADT 28 Webb v Commissioner of Police [2004] NSWADT 110 Category: Principal judgment Parties: William Hatton (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: William Hatton (Applicant) Maddocks Lawyers (Respondent) File Number(s): 2021/00282636