Martin v Commissioner of Police [2022] NSWCATAD 228

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Martin v Commissioner of Police [2022] NSWCATAD 228 Hearing dates: 23 May 2022 Date of orders: 7 July 2022 Decision date: 07 July 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 ABH firearms licence is to be issued to the applicant. (3) A certificate under s 128 of the Evidence Act is given to the applicant and to Mr Ian McBain in respect of their evidence relating to the working model cannon fabricated by the applicant. Catchwords: LICENSING – firearms – licence revocation – public interest – certificate under s 128 of the Evidence Act. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Firearms Act 1996 (NSW) Firearms Regulation 2017 (NSW) Cases Cited: 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] NSWADT AP 16; Cusumano v Commissioner of Police, New South Wales Police Service [2001] NSWADT 50; Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60; 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 368; Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97; McDonald v Director-General, Social Security [1984] FCA 57, (1984) 1 FCR 354; Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10; 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: Peter Martin (Applicant)