Thams v Commissioner of Police [2016] NSWCATAD 184

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Thams v Commissioner of Police [2016] NSWCATAD 184 Hearing dates: 8 April 2016 Date of orders: 19 August 2016 Decision date: 19 August 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: N S Isenberg, Senior Member Decision: (1) The decision under review is affirmed. (2) If the Respondent intends to press an application for costs I direct that: (a) The Respondent file with the Tribunal and serve on the Applicant all evidence and submissions on which he intends to rely within 21 days after the date of publication of these reasons. (b) The Applicant shall file and serve all evidence and submissions on which he intends to rely within 14 days from the end of the 21 day period. (c) The Respondent shall file and serve all evidence and submissions in reply within 14 days after the end of the 14 day period in 2(b). (3) Any costs application will be dealt with by the Tribunal on the papers without a hearing subject to any written submissions made by the Respondent within the 21 day period referred to above and any written submissions made by the Applicant within the first 14 day period referred to above. Catchwords: FIREARMS – licence application – revocation of licence - public interest test – prior criminal and traffic infringement history. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Act 2013 Crimes (Sentencing Procedure) Act 1999 Firearms Act 1996 Firearms Regulation 2006 Cases Cited: Bottomley v Commissioner of Police, New South Wales Police [2005] NSWADT 211 Brosowski v Commissioner of Police, New South Wales Police Service [2003] NSWADT 18 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Martin v Commissioner of Police, NSW Police Force [2010] NSWADT 276 Ward v Commissioner of Police [2000] NSWADT 28 Wilkinson v Commissioner for Police [2002] NSWADT 59 Category: Principal judgment Parties: Matthew Rodney Thams (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Matthew Rodney Thams (Applicant in person) Lindsay Taylor Lawyers (Respondent) File Number(s): 1510661