Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Hearing dates: 8 February 2017 Decision date: 09 March 2017 Before: Basten JA at [1]; Gleeson JA at [37]; Leeming JA at [38] Decision: 1. Grant leave to appeal. 2. Appeal dismissed with costs. 3. The stay ordered on 5 August 2016 be continued until 5pm on the day 14 days from today, at which time it will expire. Catchwords: ADMINISTRATIVE LAW – decision cancelling licences and security clearance under Explosives Act 2003 (NSW) – whether holders were fit and proper persons – external review by NCAT at first instance and on appeal to Appeal Panel – further appeal on question of law to Supreme Court – further appeal to Court of Appeal – nature and extent of appeal on question of law – whether error need be shown in decision of Appeal Panel – whether denial of procedural fairness – whether Briginshaw test applied to findings by NCAT – construction of Explosives Act 2003 s 6 – relevance of conduct of proceedings and evidence of licensees to determination of fitness and propriety – appeal dismissed Legislation Cited: Administrative Decisions Review Act 1997 (NSW), ss 7, 53, 55, 63 Civil and Administrative Tribunal Act 2013 (NSW), ss 30, 31, 32, 80, 82, 83 Evidence Act 1995 (NSW), s 140 Explosives Act 2003 (NSW), ss 3, 6, 10A, 21, 24 Explosives Regulation 2013 (NSW), regs 19, 20, 22, 48 Firearms Act 1996 (NSW) Cases Cited: Australian Communications and Media Authority v Today FM (Sydney) Pty Ltd (2015) 255 CLR 352; [2015] HCA 7 Boyle v WorkCover Authority of New South Wales [2015] NSWCATAD 90 Boyle v WorkCover Authority of New South Wales [2015] NSWCATAP 183 Briginshaw v Briginshaw (1936) 60 CLR 336 Bronze Wing Ammunition Pty Ltd v SafeWork NSW [2016] NSWSC 1075 Commissioner of Land Tax v Manors of Mosman Pty Ltd (1994) 34 NSWLR 94 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 77 ALJR 1088 Greyhound Racing Authority (NSW) v Bragg [2003] NSWCA 388 Husband v Repatriation Commission [2000] FCA 356; 171 ALR 69 Karakatsanis v Racing Victoria Ltd (2013) 42 VR 176; [2013] VSCA 305 Kyriackou v Law Institute of Victoria Ltd (2014) 45 VR 540; [2014] VSCA 322 MH6 v Mental Health Review Board (2009) 25 VR 382; [2009] VSCA 184 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 67 ALJR 170 Smith v New South Wales Bar Association (1992) 176 CLR 256 Sullivan v Civil Aviation Safety Authority (2014) 226 FCR 555; [2014] FCAFC 93 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152; [2006] HCA 63 Torbey Investments Corporated Pty Ltd v Ferrara [2017] NSWCA 9 Texts Cited: Pollock's and Wright's Essay on Possession in the Common Law (reprint edition 1990, Law Press) Category: Principal judgment Parties: Bronze Wing International Pty Ltd (First Applicant) Gregory Charles Boyle (Second Applicant) SafeWork NSW (Respondent) Representation: Counsel: G W McGrath SC, S Adair (First and Second Applicants) K Stern SC, H El-Hage (Respondent)