Wilson v Commissioner of Police, New South Wales Police Force [2015] NSWCATAP 248

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wilson v Commissioner of Police, New South Wales Police Force [2015] NSWCATAP 248 Hearing dates: 19 October 2015 Date of orders: 23 November 2015 Decision date: 23 November 2015 Jurisdiction: Appeal Panel Before: Hennessy LCM, Deputy President K Rosser, Senior Member Decision: 1. The appeal is allowed. 2. The Tribunal's decision made on 22 June 2015 to affirm the decision of the Commissioner of Police to refuse Mr Wilson's application for a firearms licence is set aside. 3. In substitution for the Tribunal's decision, the following decision is made: Mr Wilson's application for a Category ABH firearms licence is granted. Catchwords: ADMINISTRATIVE LAW – refusal of application for licence under Firearms Act 1996 (NSW) - whether any evidence to support a finding of fact – whether inference can be drawn that it is not in the public interest for applicant to be given a firearms licence on the basis of remaining findings – notice of contention – whether appropriate to raise by contention matters already ventilated at first instance – Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 80(2)(b) Crimes (Sentencing Procedures) Act 1999 (NSW), s 10 Firearms Act 1996 (NSW), s 11 Weapons Prohibition Act 1998 (NSW), s 7(1) Cases Cited: Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Bushell v Repatriation Commission [1992] HCA 47; (1992) 175 CLR 408 Carr v Baker (1936) 36 SR(NSW) 301 Hannover Life Re of Australasia Ltd v Dargan [2012] NSWCA 185 Kostas v HIA Insurance Services Pty Ltd (2010) 241 CLR 390 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 [2006] HCA 53; (2006) 231 CLR 1