Fuggle v Commissioner of Police, NSW Police Force [2022] NSWCATAD 334

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fuggle v Commissioner of Police, NSW Police Force [2022] NSWCATAD 334 Hearing dates: 11 July 2022 Date of orders: 17 October 2022 Decision date: 17 October 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: (1) The decision under review is set aside. (2) In its place, the decision is made that the application by Mr James Fuggle for the grant of a licence under the Firearms Act 1996 is granted. Catchwords: Administrative Law – firearms licence - refusal of licence - public interest 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. Lee v Commissioner of Police, NSW Police Force [2020] NSWCATAD 144 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: James Fuggle (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Applicant (Self Represented) Bartier Perry (Respondent) File Number(s): 2022/00090667 Publication restriction: Nil