NSW Caselaw
CITATION: F Fortuna v Commissioner of Police , NSW Police Force P Fortuna v Commissioner of Police, NSW Police Force [2010] NSWADT 20
DIVISION: General Division
APPLICANTS PARTIES: Florian Peter Fortuna Patrick William Fortuna
FILE NUMBER: 083005; 083260
HEARING DATES: 8 December 2008 28 and 29 May 2009
SUBMISSIONS CLOSED: 6 July 2009
DATE OF DECISION: 22 January 2010
BEFORE: Higgins S - Judicial Member
Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Evidence Act 1995 Firearms Act 1996Firearms Regulations 1997 Liquor Act 1982
Aubrey v Commissioner of Police, New South Wales Police [2005] NSWADT 266 Australian Broadcasting Commission v Bond (1990) 170 CLR 231 Briginshaw v Briginshaw (1938) 60 CLR 360 CASES CITED: Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 ALR 449 Qantas Airways Ltd v Gama (2008) 101 ALD 459 Ward v The Commissioner of Police, New South Wales Police Service [2000] 28
APPLICANT J Klarica barrister REPRESENTATION: RESPONDENT M Lynch barrister
ORDERS: 1.The decision of the respondent to refuse Florian Peter Fortuna's firearms licence is affirmed 2.The decision of the respondent to refuse Patrick William Fortuna's firearms licence is set aside and remitted for further consideration in accordance with the Tribunal's reasons for decision.
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