Commissioner of Police, NSW Police Force v Lee [2016] NSWCATAP 234

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Commissioner of Police, NSW Police Force v Lee [2016] NSWCATAP 234 Hearing dates: 1 April 2016 Date of orders: 28 October 2016 Decision date: 28 October 2016 Jurisdiction: Appeal Panel Before: Hennessy LCM, Deputy President L Robberds QC, Senior Member Decision: 1. The appeal is allowed.

2. The decision of the Tribunal to set aside the decision of the Commissioner of Police refusing Mr Lee's application for a category ABCDH firearms licence is set aside.

3. In substitution for that decision the following decision is made: the decision of the Commissioner of Police to refuse Mr Lee's application for a category ABCDH firearms licence is affirmed.

4. The decision of the Tribunal to set aside the decision of the Commissioner of Police refusing Mr Lee's application for a high calibre pistol permit is set aside.

5. In substitution for that decision the following decision is made: the decision of the Commissioner of Police to refuse Mr Lee's application for a high calibre pistol permit is affirmed.

6. The decision of the Tribunal to set aside the decision of the Commissioner of Police to revoke Mr Lee's paintball games permit is set aside.

7. In substitution for that decision the following decision is made: the decision of the Commissioner of Police to revoke Mr Lee's paintball games permit is affirmed.

8. Leave is refused for the Commissioner of Police to appeal on grounds that are not questions of law. Catchwords: ADMINISTRATIVE LAW – firearms licences and permits –– public interest - relevant/irrelevant considerations -scope of "no evidence" ground of appeal– adequacy of reasons - manifest unreasonableness - Legislation Cited: Administrative Decisions Review Act 1997 (NSW), s 63 Civil and Administrative Tribunal Act 2013, (NSW), s 80(2)(b) Firearms Act 1996 (NSW), ss 3, 11, 24 and 29 Firearms Regulation 2006 (NSW), cl 19 and 20 Weapons Prohibition Act 1998 (NSW), ss 10 and 18 Cases Cited: Associated Picture Houses Ltd v Wednesbury Corporation (1948) 1 KB 23 Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 Belmorgan Property Development Pty Ltd v GPT Re Ltd (2007) 153 LGERA 450 Bruce v Cole (1998) 45 NSWLR 163 Collins v Urban [2014] NSWCATAP 17 Director of Liquor Licensing v Kordister Pty Ltd [2011] VSC 207 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 77 ALJR 1088 Hijazi v Commissioner of Police, NSW Police Force [2015] NSWCATAP 82 House v Defence Force Retirement and Death Benefits Authority [2011] FCAFC 72; (2011) 193 FCR 112 House v The King [1936] HCA 40; (1936) 55 CLR 499 Kostas v HIA Insurance Services Pty Ltd [2010] HCA 32; (2010) 241 CLR 390 Lafu v Minister for Immigration and Citizenship [2009] FCAFC 140 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 24 Minister for Immigration & Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 SGBB v Minister for Immigration and Multicultural Affairs [2003] FCA 709 Skiwing Pty Ltd v Trust Company of Australia [2006] NSWCA 276 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Texts Cited: Mark Aronson and Matthew Groves, Judicial Review of Administrative Action, (5th ed 2013, Lawbook Co) Category: Principal judgment Parties: Commissioner of Police, New South Wales Police Force (Appellant) Stephen Lee (Respondent) Representation: Counsel: H El-Hage (Appellant) D G Price (Respondent) Solicitors: Bartier Perry (Appellant) File Number(s): AP 15/68127 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2015] NSWCATAD 254 Date of Decision: 03 December 2015 Before: G Walker, Senior Member File Number(s): 1410143