Combat Sports Authority of New South Wales v Fisher [2022] NSWCATAP 387

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Combat Sports Authority of New South Wales v Fisher [2022] NSWCATAP 387 Hearing dates: 18 November 2022 Date of orders: 14 December 2022 Decision date: 14 December 2022 Jurisdiction: Appeal Panel Before: Dr R Dubler SC, Senior Member S Higgins, Senior Member Decision: 1. Appeal is allowed. 2. Orders 1 and 2 made by the Tribunal on 15 July 2022 in proceedings 2021/00320581 are set aside. 3. The decision of the First Appellant of 25 October 2021 to refuse the Respondent's application to register the Respondent as a combatant in the Amateur Boxing registration class is affirmed. Catchwords: APPEAL – administrative review – application to be registered as a combatant in the Amateur Boxing registration under the Combat Sports Act 2013 (NSW) - whether the First Respondent is a 'fit and proper person' within the meaning of s 13(1)(b) of the Combat Sports Act 2013 (NSW) – whether the Tribunal erred at law in its construction of the term 'fit and proper' within the meaning of s 13(1)(b) of the Combat Sports Act 2013 (NSW) Legislation Cited: Broadcasting Act 1947 (Cth) Civil and Administrative Tribunal Act 2013 (NSW) Combat Sports Act 2013 (NSW) Firearms Act 1996 (NSW) Interpretation Act 1987 (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Austin v v Commissioner for Fair Trading & Commissioner of Police [2016] NSWCATAP 179 Commissioner of Police v EMB [2021) NSWCATAP 63 Director-General Transport New South Wales v A/C (GD) [2011] NSWADTAP 65 Fisher v Combat Sports Authority NSW [2022] NSWCATAD 238 Green v Commissioner of Police, New South Wales Police Force (2014] NSWCATAD 59 Haining v Commissioner of Police, NSW Police Service [1999] NSWADT 6 Hannaford v Commonwealth Bank of Australia [2014] NSWCA 297 Health Care Complaints Commission v Do [2014] NSWCA 307 Health Care Complaints Commission v Haasbroek [2018] NSWCATOD 177 House v The King (1936) 55 CLR 499 Lal v Director-General, Department of Transport [2001] NSWADT 74 New South Wales Bar Association v Cummins [2001] 52 NSWLR 279 R v Fisher [2017] NSWDC 56 Rice Marketing Board for the State of New South Wales v Forbidden Foods Pty Limited [2020] NSWCATAP 182 Ryan v BKB Motor Vehicle Repairs Pty Limited [2017] NSWCATAP 39 Secretary, NSW Department of Education v Gabriel's Family Day Care Pty Ltd [2021] NSWCATAP 263 Texts Cited: Nil Category: Principal judgment Parties: Combat Sports Authority of NSW (First Appellant) Commissioner of Police, NSW Police Force (Second Appellant) Leroy Fisher (Respondent) Representation: Counsel: D Birch (First Appellant)