Constantin v Commissioner of Police, NSW Police Force (GD) [2013] NSWADTAP 16

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Constantin v Commissioner of Police, NSW Police Force (GD) [2013] NSWADTAP 16 Hearing dates: 20 March 2013 Decision date: 18 April 2013 Before: Judge K P O'Connor, President S Montgomery, Judicial Member Z Antonios, Non-judicial Member Decision: 1. Leave to appeal refused. 2. Appeal dismissed. Catchwords: FIREARMS LICENSING - Probationary licence holder refused a full licence authorising use of a pistol for sport/target shooting (Category H) - Tribunal affirmed administrator's decision - Appeal - No question of law raised - Leave sought for extension to merits - Reliance on ground of unfitness queried by Appeal Panel - Reliance on public interest ground not queried - Leave refused - Appeal dismissed. Firearms Act 1996, s 11(3)(a) and s 11(5A) Legislation Cited: Administrative Decisions Tribunal Act 1997 Firearms Act 1996 Cases Cited: Commissioner of Police v Toleafoa [1999] NSWADTAP 9 House v R [1936] HCA 40; (1936) 55 CLR 499 Category: Principal judgment Parties: Nicholas Constantin (Appellant) Commissioner of Police, NSW Police Force (Respondent) Representation: A Brownlee (agent for Appellant) C Zoppo, Sparke Helmore (Respondent) File Number(s): 129029 Decision under appeal Jurisdiction: 9108 Citation: Constantin v Commissioner of Police, NSW Police Force [2012] NSWADT 172 Date of Decision: 2012-08-23 00:00:00 Before: General Division File Number(s): 123077