Kee v Commissioner of NSW Police Force [2016] NSWCATAD 73

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kee v Commissioner of NSW Police Force [2016] NSWCATAD 73 Hearing dates: On the papers Date of orders: 21 April 2016 Decision date: 21 April 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: P Molony, Senior Member Decision: 1. Extend time to so that Mr Ping Kee's application for administrative review was made in time.

2. The application is to be listed for directions as to the filing of further evidence and hearing on 10 May 2016 at 10.30 am. Catchwords: Extension of time Legislation Cited: Firearms Act 1997 Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Cases Cited: CFZ v Department of Education [2015] NSWCATAD 231 CFA v Department of Family and Community Services [2016] NSWCATAD 32 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Ministry of Transport v Kharbanda (GD) [2006] NSWADTAP 61 Category: Procedural and other rulings Parties: Bruce Warren Ping Kee (Applicant) Commissioner of NSW Police Force (Respondent) Representation: Solictors: Cole & Butler (Applicant) Commissioner of NSW Police Force (Respondent in person) File Number(s): 1510743

REASONS FOR DECISION

Background 1. Mr Ping Kee has held a firearms dealers licence, as licensee for Hung Yuen (Moree) Pty Ltd, since the commencement of the Firearms Act 1997. He also held a personal category ABC firearms licence. 2. Hung Yuen (Moree) Pty Ltd (the business) operates as a firearms dealer in Moree. 3. On 15 April 2015 the Commissioner of Police made a decision in writing to revoke Mr Ping Kee's firearms dealers licence and his category ABC firearms licence. Mr Ping Kee, by his then solicitors, Woodgate Morgan, sought an internal review of that decision in a request for internal review dated 19 May 2015, faxed to the Commissioner of Police on that day. 4. In a letter acknowledging receipt the Commissioner advised of delays in processing internal review requests. 5. On 13 August 2015 the Commissioner of Police affirmed the decision to cancel Mr Ping Kee's licences on internal review. That internal review decision was late. Section 53(6) of the Administrative Decisions Review Act 1997 (the ADR Act) required that the result of the internal review be notified within 21 days of the request for internal review being lodged, unless a different period is agreed upon. 6. On 19 November 2015 Mr Ping Kee, by his new solicitors', Cole & Butler, made an application to NCAT seeking administrative review under the ADR Act of the decision to revoke his licences. In that application Mr Ping Kee acknowledged that the application was lodged outside the 28-day period for the making of such an application set by r 24(4)(b) of the Civil and Administrative Tribunal Rules 2014. Mr Ping Kee sought an extension of time in which to make his application. His application relevantly said – Mr Bruce Ping Kee had to obtain alternate legal representation to pursue his application due to his original legal representative retiring from legal practice. According Mr Ping Kee respectfully seeks that the Tribunal exercise its discretion under s 41 of the Civil and Administrative Tribunal Act 2013 (NSW) and extend the period of time for filing his application to that date that this application is filed. 1. At a directions hearing held on 19 January 2016 it was identified that there was a preliminary issue to be determined; namely whether or not Mr Ping Kee should be granted an extension of time in which to make his application. The Tribunal made directions for the filing of materials and submissions relevant to that issue, and fixed 21 March 2016 for the hearing of the preliminary issue. 2. On 28 January 2016 the Registrar wrote to the parties advising the hearing had been vacated and that the preliminary issue concerning an extension of time would be determined on the papers. 3. The determination of the application for an extension of time on the papers has been assigned to me. As required by s 50(2) of the Civil and Administrative Tribunal Act 2013 (the CAT Act) I am satisfied that the issue can be adequately determined in the absence of the parties by considering the written submissions and the other material provided to the Tribunal by the parties. This is an appropriate case in which to make an order dispensing with a hearing.