NSW Commissioner of Police v Eykamp & Anor [2017] NSWSC 1723

Supreme Court New South Wales

Medium Neutral Citation: NSW Commissioner of Police v Eykamp & Anor [2017] NSWSC 1723 Hearing dates: 2 June 2017 Decision date: 12 December 2017 Jurisdiction: Common Law Before: N Adams J Decision: (1) Quash the order of the Local Court on 14 June 2016 purportedly made pursuant to s 80(1) of the Firearms Act 1996 (NSW) that the forfeited firearms be provided to Mr Crowley. (2) Declare that the Local Court had no power to order that any of the forfeited firearms be destroyed, whether pursuant to s 80(1) of the Firearms Act 1996 (NSW) or s 219 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW). (3) Quash the order of the Local Court on 14 June 2016 that the scopes attached to the forfeited firearms be returned to the first defendant. (4) Each party is to pay his own costs. Catchwords: ADMINISTRATIVE LAW – judicial review of decision of the Local Court – where magistrate ordered that firearms in relation to which there had been a finding of guilt under Part 4 of the Firearms Act 1996 (NSW) be given to a third party – whether application may be made under s 80(1) of the Firearms Act in respect of such firearms – applicability of s 219 of LEPRA

STATUTORY CONSTRUCTION – whether telescopic sight a "firearm part" and "firearm" for the purposes of s 80(4) of the Firearms Act Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Crimes (Sentencing Procedure) Act 1999 (NSW), s 10A Firearms Act 1989 (NSW), s 48 Firearms Act 1996 (NSW), ss 39, 40, 41, 42, 80 Firearms and Weapons Legislation Amendment Act 2017 (NSW) Interpretation Act 1987 (NSW), ss 33, 34 Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), ss 4, 211, 212, 213, 214 Supreme Court Act 1970 (NSW), s 69 Suitors Fund Act 1951 (NSW), ss 6, 6C Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Cole v Esanda Ltd (1982) Tas Rep 130 Commissioner of Taxation v Consolidated Media Holdings Ltd (2012) 250 CLR 503; [2012] HCA 55 Craig v State of South Australia (1995) 184 CLR 163; [1995] HCA 58 Green v The Queen (2011) 244 CLR 462; [2011] HCA 49 Kirk v Industrial Court of New South Wales (2010) 239 CLR 531; [2010] HCA 1 McNamara v Consumer Trader and Tenancy Tribunal (205) 221 CLR 646 Minister for Immigration and Border Protection v SZSSJ (2016) 259 CLR 180; [2016] HCA 29 Norton v O'Connor (NSWSC, 10 October 1994, unreported) Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Category: Principal judgment Parties: NSW Commissioner of Police (Plaintiff) Donald Eugene Eykamp (First Defendant) Local Court of NSW, submitting appearance (Second Defendant) Representation: Counsel: Mr D McMahon (Plaintiff) Mr B Donnelly (First Defendant)