FTW v Commissioner of Police, NSW Police Force [2023] NSWCATAD 106

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FTW v Commissioner of Police, NSW Police Force [2023] NSWCATAD 106 Hearing dates: On the papers Date of orders: 09 May 2023 Decision date: 09 May 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: P H Molony, Senior Member Decision: (1) A hearing with respect to these applications is dispensed with in accordance with s 50(2) of the Civil and Administrative Tribunal Act 2013. (2) The application for a variation of the orders made under s 64 of the Civil and Administrative Tribunal Act 2013 with respect to the previous Tribunal decision described in paragraph 13 of these reasons is dismissed. (3) The Tribunal orders: (a) that disclosure and publication of the Applicant's name be prohibited under s 64 of the Civil and Administrative Tribunal Act 2013 and directs that the Applicant's name be anonymised for the purpose of these proceedings; and (b) that paragraph 13 of these reasons marked [NOT FOR PUBLICATION] is not to be published or released to the public. (4) That each party bear their own costs of the proceedings. Catchwords: Administrative law – administrative review of decision to refuse a firearms licence remitted for reconsideration by consent – firearms licence granted on reconsideration – applicants seeks costs of proceedings – whether special circumstances exist under s 60 of the Civil and Administrative Tribunal Act 2013 warranting an order for costs – no order costs non-publication and no disclosure orders - s 64 of the Civil and Administrative Tribunal Act 2013. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Cases Cited: AIN v Medical Council of New South Wales [2015] NSWCATAP 241 Bettington v Commissioner of Police [2021] NSWCATAP 110 BHS v Biripi Aboriginal (sic) Children's Services (No 2) [2015] NSWCATAD 109 Burns v Passas [2018] NSWCATAD 247 Chan v Commissioner for Fair Trading [2015] NSWCATAD 62 Chief Commissioner of State Revenue v Fitzpatrick Investments Pty Limited [2016] NSWCATAP 91 DRJ v Commissioner of Victims Rights [2020] NSWCA 136 EQH v Health Administration Corporation [2021] NSWCATAD 215 Fitzpatrick Investments Pty Limited v Chief Commissioner of State Revenue [2015] NSWCATAD 103 Re Minister for Immigration and Ethnic Affairs, ex part Lai Qin [1997] HCA 6; (1997) 186 CLR 622 Nichols v NFS Agribusiness Pty Ltd [2018] NSWCA 84 State of NSW (Justice Health) v Dezfouli [2021] NSWADTAP 69 Yammatree Pty Ltd (Applicant); North West Local Land Service [2015] NSWCATAD 221 Texts Cited: None Category: Consequential orders Parties: FTW (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Piper Alderman (Applicant) Sparke Helmore Lawyers (Respondent) File Number(s): 2022/00265571 Publication restriction: The Tribunal orders: (a) that disclosure and publication of the Applicant's name be prohibited under s 64 of the Civil and Administrative Tribunal Act 2013 and directs that the Applicant's name be anonymised for the purpose of these proceedings; and (b) that the paragraph of these reasons marked [NOT FOR PUBLICATION] is not to be published or released to the public.