Ljubenkov v Commissioner of Police, NSW Police Force [2024] NSWCATAD 43

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ljubenkov v Commissioner of Police, NSW Police Force [2024] NSWCATAD 43 Hearing dates: 23 August 2023 Date of orders: 21 February 2024 Decision date: 21 February 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: C Mulvey, Senior Member Decision: The decision under review is affirmed. Catchwords: ADMINISTRATIVE LAW – firearms licence – special condition – storage of firearms – whether family member's pose real and appreciable risk Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Cases Cited: Comalco Aluminium (Bell Bay) Ltd v O'Connor and Others (1995) 131 ALR 657 Constantin v Commissioner of Police [2013] NSWADTAP 16 Cruickshank v Commissioner of Police [2022] NSWCATAD 115 Cusumano v Commissioner of Police [2001] NSWADT 50 Grant v Commissioner of Police [2020] NSWCATAD 158 Hill v Commissioner of Police, New South Wales Police Service [2002] NSWADT 218 Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97 Masterson v Commissioner of Police, New South Wales [2017] NSWCATAP 206 Minister for Immigration and Citizenship v Li [2013] 297 ALR 225 Ryan v Commissioner of Police [2021] NSWCATAD 23 Wallin v Commissioner of Police (No 2) [2022] NSWCATAD 83 Ward v Commissioner of Police [2000] NSWADT 28 Webb v Commissioner of Police, New South Wales Police Service [2004] NSWADT 110 Category: Principal judgment Parties: Peter Ljubenkov (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Mainstone Lawyers (Applicant) Norton Rose Fullbright Australia (Respondent) File Number(s): 2023/00078914 Publication restriction: Parts of paragraphs 10 and 42 marked [NOT FOR PUBLICATION] are not for publication pursuant to ss 64(c) and 64(d) of the Civil and Administrative Tribunal Act 2013.