Nehme v Commissioner of Police, NSW Police Force [2023] NSWCATAD 292

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nehme v Commissioner of Police, NSW Police Force [2023] NSWCATAD 292 Hearing dates: 17 July 2023; 23 August 2023 Date of orders: 07 November 2023 Decision date: 07 November 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: The decision under review is affirmed Catchwords: Administrative Law – firearms licence refusal - fit and proper person -public interest – traffic offences Legislation Cited: Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Firearms Act 1996 Firearms Regulation 2017 Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Barlow v Commissioner of Police, New South Wales Police Service [2003] NSWADT 254 Busutel v Commissioner of Police, NSW Police Force [2022] NSWCATAD 384 Comalco Aluminium (Bell Bay) Ltd v O'Connor and Ors (1995) 131 ALR 657 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Commissioner of Police, NSW Police Force v Lee [2016] NSWCATAP 234 Constantin v Commissioner of Police, NSW Police Force [2013] NSWADTAP 16 Cook v Commissioner of Police [2003] NSWADT 30 Director of Public Prosecutions v Smith [1991] VicRp 6; (1991) 1 VR 63 Director-General, Transport New South Wales v AIC (GD) [2011] NSWADTAP 65 Drake v Minister for Immigration and Ethnic Affairs (1979) NSW 2 ALD 60 Hill v Commissioner of Police, New South Wales Police Service [2002] NSWADT 218 Hoffman v Commissioner of Police, New South Wales Police Service [2003] NSWADT 89 Hughes and Vale Pty Ltd v New South Wales (No. 2) (1955) 93 CLR 127 Kavalieratos v Commissioner of Police, New South Wales Police Force [2014] NSWCATAD 117 Keegan-Jaques v Commissioner of Police [2017] NSWCATAD 145 McDonald v Director General of Social Security (1984) 1 FCR 354 McKenzie v Commissioner of Police, NSW Police Force [2023] NSWCATAD 256 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA66; (1992) 110 ALR 449 Smith v Commissioner of Police, New South Wales Police Force and NSW Fair Trading [2014] NSWCATAD 184 Sobey v Commercial and Private Agents Board (1979) 22 SASR 70 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 Wiltshire v Commissioner of Police [2005] NSWADT 75 Texts Cited: None cited Category: Principal judgment Parties: Zeyad Nehme (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Hartmann & Associates (Applicant) (Applicant) Makinson d'Apice Lawyers (Respondent) File Number(s): 2022/00347978 Publication restriction: 1. The contents of confidential documents relied upon by the Respondent that were received in evidence by the Tribunal on 17 May 2023, is not to be disclosed other than to the Respondent without further order of the Tribunal. 2. Any evidence given before the Tribunal and submissions made to the Tribunal at the confidential hearings on 17 May 2023 or 23 August 2023, including all recordings, whether written, electronic or aural of that hearing is not to be disclosed other than to the Respondent without further order of the Tribunal. 3. The paragraphs of these reasons identified as [Not for publication] are not to be released to either the Applicant or to the public without further order of the Tribunal.