Coughlan v Commissioner of Police, NSW Police Service [2022] NSWCATAD 284

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Coughlan v Commissioner of Police, NSW Police Service [2022] NSWCATAD 284 Hearing dates: 29 June 2022 Date of orders: 24 August 2022 Decision date: 24 August 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: 1. The decision under review is set aside. 2. The decision is made that the applicant's application for a category AB firearms licence is granted. Catchwords: Administrative Law – – firearms licence – refusal – whether not in the public interest for applicant to hold a licence Legislation Cited: Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Firearms Act 1996 Cases Cited: Comalco Aluminium (Bell Bay) Ltd v O'Connor and Ors (1995) 131 ALR 657 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police, NSW Police Force [2013] NSWADTAP 16. Cusumano v Commissioner of Police, NSW Police Service [2001] NSWADT 50 Director of Public Prosecutions v Smith [1991] VicRp 6; (1991) 1 VR 63 Hoffman v Commissioner of Police, New South Wales Police Service [2003] NSWADT 89 Kavalieratos v Commissioner of Police, New South Wales Police Force [2014] NSWCATAD 117 Lynch v Commissioner of Police, NSW Police [2006] NSWADT 80 Minister for Immigration and Citizenship v Li [2013] 297 ALR 225 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28 Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28 Webb v Commissioner of Police, New South Wales Police Service [2004] NSWADT 110 Texts Cited: None cited Category: Principal judgment Parties: Michael Francis Coughlan (Applicant) Commissioner of Police, NSW Police Service (Respondent) Representation: Solicitors: Hartmann & Associates (Applicant) McCullough Robertson (Respondent) File Number(s): 2022/00039378 Publication restriction: Nil