Bankstown Chatswood Rifle Club Inc v Commissioner of Police NSW [1999] NSWSC 901

New South Wales Supreme Court CITATION : Bankstown Chatswood Rifle Club Inc v Commissioner of Police NSW [1999] NSWSC 901 CURRENT JURISDICTION : Administrative Law List FILE NUMBER(S) : 30035/99 HEARING DATE(S) : 01/09/99 JUDGMENT DATE : 10 September 1999

Bankstown Chatswood Rifle Club Inc (Plaintiff) PARTIES : v Commissioner of Police NSW (Defendant) JUDGMENT OF : Barr J at 1

COUNSEL : Plaintiff: A Leslie QC / A Leslie Defendant: G Willis SOLICITORS : Plaintiff: Steve Masselos & Co Defendant: G Doherty (Legal Services, NSW Police Service) CATCHWORDS : Firearms Act and Regulation - approval of club by Commissioner of Police - whether Commissioner entitled to revoke approval Firearms Act 1996 Pt 2 ACTS CITED : Firearms (General) Regulation 1997 Pt 9 Association Incorporations Act 1984 Associated Picture Houses v Wednesbury Corporation [1948] 1 KB 223 CASES CITED : Buck v Bavone (1976) 135 CLR 110 Bruce v Cole (1998) 45 NSWLR 163 DECISION : Summons dismissed with costs

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION ADMINISTRATIVE LAW LIST

GRAHAM BARR J

Friday, 10 September 1999

30035/99 - BANKSTOWN CHATSWOOD RIFLE CLUB INC v COMMISSIONER OF POLICE NSW

JUDGMENT 1 HIS HONOUR: The plaintiff has the benefit of certain approvals made by the Commissioner of Police ("the Commissioner") under the provisions of the New South Wales Firearms (General) Regulation 1997 ("the Regulation"). The Commissioner has stated an intention to revoke those approvals. The plaintiff claims an order prohibiting the Commissioner from doing so. 2 By each of three instruments signed on 25 September 1997 by the Director of the Firearms Registry of the New South Wales Police Service, the Commissioner approved the plaintiff under the provisions of Pt 9 of the Regulation as a Target Shooting Club, as a Hunting Club and as a Collecting Club. 3 Pt 9 of the Regulation is in the following terms -