Commissioner of Police v EMB [2022] NSWCATAP 85

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Commissioner of Police v EMB [2022] NSWCATAP 85 Hearing dates: 10 December 2021 Date of orders: 30 March 2022 Decision date: 30 March 2022 Jurisdiction: Appeal Panel Before: Cole DCJ, Deputy President P Molony, Senior Member Decision: (1) EMB's application for a stay of these proceedings is dismissed. (2) The appeal is dismissed. (3) EMB's application for costs is refused. Catchwords: APPEAL - administrative review – firearms licence – whether error of law – whether leave should be given to reconsider the exercise of the discretion on the facts Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Firearms Act 1996 (NSW) Cases Cited: Australian Broadcast Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Belan v Office of the Director of Public Prosecutions (NSW) [2021] NSWCA 96 BTH v The Public Guardian [2017] NSWCATAP 10 Commissioner of Police v EMB [2021] NSWCATAP 63 Council of the Law Society of New South Wales v McGlinchey [2021] NSWCATOD 147 Council of the Law Society of NSW v Clarke [2017] NSWCATOD 142 EMB v Commissioner of Police [2020] NSWCATAD 255 Health Care Complaints Commission v Kirby [2019] NSWCATOD 47 Sobey v Commercial Agents Board [1979] 22 SASR 70 Category: Principal judgment Parties: Commissioner of Police (Appellant) EMB (Respondent) Representation: Counsel: C Mantziaris (Appellant) C Nowlan (Respondent)