Christianos -v- Commissioner of Police [1999] NSWADT 66

CITATION: Christianos -v- Commissioner of Police [1999] NSWADT 66

DIVISION: General

APPLICANT: Emmanuel Christianos

RESPONDENT: Commissioner of Police

FILE NUMBER: 993067

HEARING DATES: 07/05/1999

SUBMISSIONS CLOSED: 08/05/1999

DATE OF DECISION: 23 August 1999

N Hennessy - Deputy President BEFORE:

PRIMARY LEGISLATION: Firearms Act 1996

APPLICATION: Review of decision to refuse personal pistol permit -

MATTER FOR DECISION: Principal matter

Applicant: A Quinlivan of counsel instructed by Colin Daley Quinn, Solicitors REPRESENTATION: Respondent: G Doherty, solicitor, NSW Police Service

ORDERS: 1. The decision of the Commissioner of Police to refuse the applicant's application for a permit under the Firearms Act 1996 is affirmed. 2. Respondent ordered to pay the applicant's costs. If agreement cannot be reached between the parties, costs are to be assessed pursuant to the Legal Profession Act on a party/party basis.

Background 1 On 30 December 1998 the applicant, Mr Christianos, applied to the Commissioner of Police to renew his five year pistol permit which had expired on 2 December 1998. The Commissioner's delegate, Mr Edwards, refused his application under the Firearms Act 1996. The Notice of Refusal stated that: I am not satisfied you have a genuine reason for possessing and using a firearm in that you intend to possess or use the firearms for: (a) personal protection or for the protection of any other person; (b) the protection of property (other than in circumstances constituting a genuine reason as set out in the Table to section 12 of the Firearms Act 1996). 2 On 18 March 1999 the applicant provided additional information and requested an internal review of the decision. That internal review affirmed the original decision and stated that: A. Findings of Fact per material provided: