Gibson v Commissioner of Police, NSW Police Force [2023] NSWCATAD 212

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gibson v Commissioner of Police, NSW Police Force [2023] NSWCATAD 212 Hearing dates: On the papers Date of orders: 8 August 2023 Decision date: 08 August 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: J D Little, Senior Member Decision: (1) Pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013, a hearing on the question of costs is dispensed with. (2) The application by the applicant for an order for costs is dismissed Catchwords: COSTS – administrative review proceedings – whether special circumstances for an award of costs Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Cases Cited: BPU v New South Wales Trustee and Guardian (Costs) [2016] NSWCATAP 87 Edwards v Commissioner for Fair Trading, Department of Customer Service (Costs) [2019] NSWCATAP 249 at [9] Gibson v Commissioner of Police, NSW Police Force [2023] NSWCATAD 110 Texts Cited: None Category: Consequential orders Parties: Stuart Gibson (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: NJN Lawyers (Applicant) Sparke Helmore Lawyers (Respondent File Number(s): 2022/00386519 Publication restriction: None

REASONS FOR DECISION 1. On 12 May 2023 reasons were published for the decision to set aside a decision of the respondent Commissioner of Police to refuse the Applicant's application for a firearms licence: Gibson v Commissioner of Police, NSW Police Force [2023] NSWCATAD 110. 2. On 19 May 2023, at the Applicant's request, the Tribunal made orders to allow for the exchange of written submissions on the question of costs and requested that any objection to the matter to be heard on the papers be included in those submissions. 3. On 26 May 2023, the Applicant filed submissions in support of his application seeking an order for costs due to special circumstances, pursuant to s 60(2) of the Civil and Administrative Tribunal Act 2013 (NSW) (CAT Act). 4. On 2 June 2023, the Respondent filed submissions in response resisting the relief sought by the Applicant. 5. Both parties made written submissions on the application for costs and agreed that the costs application could be determined on the papers. For the reasons that follow, the Tribunal has decided not to make an order for costs, and each party should bear its own costs