Sobh v Commissioner of Police, NSW Police Force [2023] NSWCATAD 14

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sobh v Commissioner of Police, NSW Police Force [2023] NSWCATAD 14 Hearing dates: 8 February 2022 Date of orders: 18 January 2023 Decision date: 18 January 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: K Mobbs, Senior Member Decision: (1) The decision under review is affirmed. (2) Pursuant to s 64(1)(c) of the CAT Act, the publication of the Confidential Material and confidential exhibits CR3 and CR4, or matters contained in the Confidential Material and confidential exhibits CR3 and CR4 is prohibited. (3) Pursuant to s 64(1)(d) of the CAT Act, the disclosure of the Confidential Material and confidential exhibits CR3 and CR4, or matters contained in the Confidential Material and confidential exhibits CR3 and CR4, is restricted to the Commissioner, the legal representatives for the Commissioner and the tribunal. (4) Pursuant to ss 64(1)(b), 64(1)(c) and 64(1)(d) of the CAT Act, the publication and recording of the confidential hearing of these proceedings, including confidential exhibits CR3 and CR4 and any evidence given during the hearing, is prohibited Catchwords: Administrative Law – firearms licencing – licence revocation- genuine reasons for having a licence– public interest Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Firearms Amendment (COVID-19 Regulation) 2020 Firearms Regulation 2017 Cases Cited: AML v Commissioner of Police, New South Wales Police Force [2013] NSWADT 5 Comalco Aluminium (Bell Bay) Ltd v O'Connor (1995) 131 ALR 657 Commissioner of Police, New South Wales Police Service v Toloeafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police, New South Wales Police Force [2013] NSWADTAP 16 Director of Public Prosecutions v Smith [1991] Vic Rep 6; (1991) 1 VR 63 Hoffman v Commissioner of Police, New South Wales Police Service [2003] NSWADT 89 Masterson v Commissioner of Police, New South Wales Police Force [2017] NSWCATAP 206 McDonald v Director-General of Social Security (1984) 1 FCR 354 at 357 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 O'Sullivan v Farrer [1989] HCA 61; (1989) 168 CLR 210 Shi v Migration Agents Registration Authority [2008] HCA 31 Sobh v Commissioner of Police [2021] NSWCATAD 260 Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28 Texts Cited: None cited Category: Principal judgment Parties: Adam Sobh (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: McGirr & Associates Pty Ltd (Applicant) Lindsay Taylor Lawyers (Respondent) File Number(s): 2021/00073212 Publication restriction: See above