Joseph v NSW Commissioner of Police [2017] NSWCA 31

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Joseph v NSW Commissioner of Police [2017] NSWCA 31 Hearing dates: 7 February 2017 Decision date: 06 March 2017 Before: Basten JA at [1]; Macfarlan JA at [23]; Ward JA at [75] Decision: (1) Application for leave to appeal dismissed with costs. (2) Order, by consent, that the time for Mr Joseph to file his Notice of Intention to Appeal be extended to the date upon which it was in fact filed. Catchwords: ADMINISTRATIVE LAW – refusal of an application for the issue of a firearms dealer licence under the Firearms Act 1996 (NSW) – evidence relating to the applicant's allegedly fraudulent conduct – criminal charges withdrawn but conduct established on the balance of probabilities – conduct relevant to the licence application – a lesser standard of proof than the criminal standard could be applied in making findings concerning the conduct – relevance of reasons for withdrawal of criminal prosecution

ADMINISTRATIVE LAW – refusal of an application for the issue of a firearms dealer licence under the Firearms Act 1996 (NSW) – whether decision maker obliged to refer to relevant material where no express or implied statutory obligation to consider it and adequate reasons for the decision given Legislation Cited: Administrative Decisions Review Act 1997 (NSW), ss 114, 115 Administrative Decisions Tribunal Act 1997 (NSW), ss 53, 55, 113 Civil and Administrative Tribunal Act 2013 (NSW), ss 7, 32, 80, 83, Sch 1, cls 6, 10 Court Suppression and Non-publication Orders Act 2010 (NSW), ss 7, 8 Evidence Act 1995 (NSW), s 128 Firearms Act 1996 (NSW), ss 8, 10, 11 Supreme Court Act 1970 (NSW), s 48 Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321; [1990] HCA 33 Australian Communications and Media Authority v Today FM (Sydney) Pty Ltd (2015) 255 CLR 352; [2015] HCA 7 Commissioner of Police v Joseph [2015] NSWCATAP 9 Commissioner of Police, New South Wales Police v Mercer [2005] NSWADTAP 55 Douglass v The Queen (2012) 86 ALJR 1086; [2012] HCA 34 Joseph v Commissioner of Police, NSW Police Force [2014] NSWCATAD 46 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24; [1986] HCA 40 Minister for Immigration and Multicultural Affairs v Wang (2003) 215 CLR 518; [2003] HCA 11 Resource Pacific Pty Ltd v Wilkinson [2013] NSWCA 33 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Torbey Investments Corporated Pty Ltd v Ferrara [2017] NSWCA 9 Category: Principal judgment Parties: Marsleno Joseph (Applicant) Commissioner of Police (NSW) (Respondent) Representation: Counsel: Mr G Laughton SC / Mr K Dailly (Applicant) Mr C Mantziaris (Respondent)