Mahoney v Commissioner of Police [2022] NSWCATAD 60

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mahoney v Commissioner of Police [2022] NSWCATAD 60 Hearing dates: 11 February 2022 Date of orders: 23 February 2022 Decision date: 23 February 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: Emeritus Prof G D Walker, Senior Member Decision: (1) Decision under review set aside. (2) A category AB firearms licence is to be issued to the applicant. Catchwords: LICENSING – firearms – revocation of licence – medical reports Legislation Cited: Administrative Decisions Review Act 1996 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Firearms Act 1986 (NSW) Firearms Regulation 2017 (NSW) Cases Cited: Allan v Commissioner of Police, New South Wales Police [2008] NSWADT 230; AML v Commissioner of Police, New South Wales Police Force [2013] NSWADT 5; Briginshaw v Briginshaw (1938) 60 CLR 316; Bronze Wing International Pty Ltd v SafeWork New South Wales [2017] NSWCA 42; Constantin v Commissioner of Police, New South Wales Police Force [2013] NSWADTAP 16; Cusumano v Commissioner of Police, New South Wales Police Force [2001] NSWADT 50; Drake v Minister for Immigration and Ethnic affairs (1979) 2 ALD 60; Economides v Commissioner of Police, New South Wales Police Force [2014] NSWCATAD 128; ELU v Commissioner of Police, New South Wales Police Force [2020] NSWCATAD 277; Hill v Commissioner of Police, New South Wales Police Service [2002] NSWADT 218; Kavalieratos v Commissioner of Police, New South Wales Police Force [2014] NSWCATAD 117; Kocic v Commissioner of Police, New South Wales Police Force [2014] NSWCA 388; Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97; McDonald v Director-General of Social Security [1984] FCA 57, (1984) 1 FCR 354; Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10; Petas v Commissioner of Police, New South Wales Police Force [2013] NSWADT 137; Sterjovski v Director-General, Department of Transport [2002] NSWADT 10; Webb v Commissioner of Police, New South Wales Police Service [2004] NSWADT 110. Category: Principal judgment Parties: Darren J Mahoney (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Paton Hooke Lawyers (Applicant) Sparke Helmore Lawyers (Respondent) File Number(s): 2021/00219870