Commissioner of Police, NSW Police Force v Allen [2016] NSWCATAP 148

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Commissioner of Police, NSW Police Force v Allen [2016] NSWCATAP 148 Hearing dates: 6 April 2016 Date of orders: 29 June 2016 Decision date: 29 June 2016 Jurisdiction: Appeal Panel Before: N Hennessy LCM, Deputy President D Patten, Principal Member Decision: 1. Leave for the Commissioner to appeal on grounds other than questions of law is refused. 2. Appeal dismissed. Catchwords: ADMINISTRATIVE LAW – licensing –prohibited weapons - appeal from decision to grant permit for sheep grazier to use silencer when culling feral animals – whether applicant demonstrated that silencer necessary in the conduct of his business as a sheep grazier – meaning of word "necessary" – no evidence rule – meaning of probative evidence – procedural fairness Legislation Cited: Administrative Decisions Review Act 1997 (NSW), s 63 Civil and Administrative Tribunal Act 2013 (NSW) s 80(1), s 38 s 26 Firearms Act 1996 (NSW) s 12(1) Weapons Prohibition Act 1998 (NSW), 3(1)(a) s 3(2), s 4, s 7, s 11(1), s 35 Cases Cited: AMP Capital Investors Ltd v Transport Infrastructure Development Corporation (2008) 163 LEGRA 245 Azzopardi v Tasman UEB Industries Limited (1985) 4 NSWLR 139 Bruce v Cole (1998) 45 NSWLR 163 Cassar v New South Wales Crime Commission [2014] NSWCA 356 Chi Building Pty Ltd v Wedgewood [2016] NSWCATAP 64 Cody v JH Nelson Pty Ltd (1947) 74 CLR 629 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 380 Collins v Urban [2014] NSWCATAP 17 Fairfax Digital Australia & New Zealand Pty Ltd v Ibrahim (2012) 83 NSWLR 52 French v Commissioner of Police, New South Wales Police Force [2013] NSWADT 221 Industry Research Development Board v Bridgestone Australia Ltd (2001) 109 FCR 564 Kioa v West [1985] HCA 81; (1985) 159 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 (2006) 231 CLR 1 Osborne v Commissioner of Police, New South Wales Police Service [2000] NSWADTAP 10 Re Control Investments Pty Ltd v Australian Broadcasting Tribunal (No 2) (1981) 3 ALD 88. Roberts v Balancio (1987) 8 NSWLR 436 Skiwing Pty Ltd v Trust Company of Australia [2006] NSWCA 276 Thompson v Judge Byrne (1998-1999) 196 CLR 141 Texts Cited: Mark Aronson and Matthew Groves, Judicial Review of Administrative Action, (5th ed 2013, Lawbook Co) Williams, CR Burdens and Standards in Civil Litigation (2003) Sydney Law Review 9 Category: Principal judgment Parties: Commissioner of Police, NSW Police Force (Appellant) James Allen (Respondent) Representation: Counsel: H El-Hage (Appellant) T Catanzariti (Respondent) Solicitors: Bartier Perry (Appellant) MCW Lawyers (Respondent) File Number(s): AP 15/63421 Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: Allen v Commissioner of Police, NSW Police Force [2015] NSWCATAD 224 Date of Decision: 27 October 2015 Before: G Walker, Senior Member File Number(s): 1510377