Farrell v Commissioner of Police [2016] NSWCATAD 96

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Farrell v Commissioner of Police [2016] NSWCATAD 96 Hearing dates: 8 February and 12 April 2016 Date of orders: 17 May 2016 Decision date: 17 May 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: N S Isenberg, Senior Member Decision: The decision under review is affirmed. Catchwords: FIREARMS – revocation of licence – extension of time for late application – possession or use of a firearm - history of prior suspensions and revocations of licence - private interest, public interest test. Legislation Cited: Administrative Decisions Review Act 1997 Crimes (Sentencing Procedure) Act 1999 Firearms Act 1996 Firearms Regulation 2006 Cases Cited: Comalco Aluminium (Bell Bay) Ltd v O'Connor and Others (1995) 131 ALR 657 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Cusumano v Commissioner of Police, NSW Police Service [2001] NSWADT 50 Kalinic v The Commissioner of Police [2006] NSWADT 227 Martin v Commissioner of Police, NSW Police Force [2010] NSWADT 276 Maloney v Commissioner of Police, NSW Police unreported 22 November 2004 Ward v Commissioner of Police [2000] NSWADT 28 Category: Principal judgment Parties: Dale Brendon Farrell (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Dale Brendon Farrell (Applicant in person) Henry Davis York (Respondent) File Number(s): 1510642 Publication restriction: Section 64 of the Civil and Administrative Act 2013 applies to those paragraphs of these reasons identified as [not for publication]. Those paragraphs are not to be released to either the Applicant or to the public.