GGW v Commissioner of Police, NSW Police Force [2024] NSWCATAP 88

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GGW v Commissioner of Police, NSW Police Force [2024] NSWCATAP 88 Hearing dates: 6 October 2023, 18 March 2024 Date of orders: 20 May 2024 Decision date: 20 May 2024 Jurisdiction: Appeal Panel Before: Hennessy ADCJ, Deputy President Dr J Lucy, Senior Member Decision: (1) The appeal is allowed. (2) The respondent's decision to refuse the appellant a firearms licence is set aside and the respondent is to grant the appellant the licence for which he applied within 14 days of the publication of this decision. (3) The non-publication order made on 18 March 2024 is amended or varied by deleting from the order the words "Pending further order of the Tribunal." (4) The appellant's application for costs is dismissed. Catchwords: APPEALS – Firearms – Decision to refuse to grant appellant a firearms licence - Finding that issuing a licence to the appellant would entail a real and appreciable risk to public safety – Whether finding was supported by probative evidence – Whether Tribunal asked itself the wrong question Legislation Cited: Firearms Act 1996 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Administrative Decisions Review Act 1997 (NSW) Cases Cited: Cominos v Di Rico [2016] NSWCATAP 5 Prendergast v Western Murray Irrigation Ltd [2014] NSWCATAP 69 Webb v Commissioner of Police, New South Wales Police Service [2004] NSWADT 110 Category: Principal judgment Parties: GGW (Appellant) Commissioner of Police, NSW Police Force (Respondent) Representation: Counsel: R Coffey (Respondent)