Bronze Wing Ammunition Pty Limited v SafeWork NSW (No 2) [2016] NSWSC 988

Supreme Court New South Wales

Medium Neutral Citation: Bronze Wing Ammunition Pty Limited v SafeWork NSW (No 2) [2016] NSWSC 988 Hearing dates: 12 February 201626 February 2016 Decision date: 18 July 2016 Jurisdiction: Common Law Before: Button J Decision: (1) Leave to appeal granted. (2) The further amended summons of the plaintiffs filed in court on 12 February 2016 is dismissed. (3) The plaintiffs must pay the costs of the defendant of the proceedings before me. Catchwords: ADMINISTRATIVE LAW – appeal pursuant to s 83 of the Civil and Administrative Tribunal Act 2013 (NSW) – decision cancelling licences and a security clearance pursuant to the Explosives Act 2003 (NSW) – whether denial of procedural fairness based on lack of particularisation of alleged "offences" – whether failure to apply the "Briginshaw test" – making of factual findings by an Appeal Panel of the New South Wales Civil and Administrative Tribunal – interpretation of "storage" for the purposes of s 6(1) of the Explosives Act 2003 (NSW) – whether an irrelevant matter taken into account – appeal dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 38, 80(2), 83 Evidence Act 1995 (NSW), s 140(2) Explosives Act 2003 (NSW), s 24(1) Explosives Amendment Act 2013 (NSW) Firearms Act 1996 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Johnson v Miller [1937] HCA 77; (1937) 59 CLR 467 Karakatsanis v Racing Victoria Ltd [2013] VSCA 305; (2013) 42 VR 176 Kirk v Industrial Court of New South Wales [2010] HCA 1; (2010) 239 CLR 531 Category: Principal judgment Parties: Bronze Wing Ammunition Pty Limited (First Plaintiff) Gregory Charles Boyle (Second Plaintiff) SafeWork NSW (Defendant) Representation: Counsel: G W McGrath SC (Plaintiffs) S Adair (Plaintiffs) H El-Hage (Defendant)