Kingston v Commissioner of Police, NSW Police Force [2018] NSWCATAD 51

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kingston v Commissioner of Police, NSW Police Force [2018] NSWCATAD 51 Hearing dates: 21 November 2017 Date of orders: 01 March 2018 Decision date: 01 March 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: C Ludlow, Senior Member Decision: 1. The decision under review is affirmed. Catchwords: ADMINISTRATIVE LAW – merits review – firearms licence– revocation of licence – breach of condition – conflict in evidence - contravention of Act and regulations – genuine reason to hold a licence - whether in the public interest for the applicant to possess a firearm licence Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Firearms Act 1996 (NSW) Firearms Regulation 2006 (NSW) Cases Cited: Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police, NSW Police (GD) [2013] NSWADTAP 16 Cusumano v Commissioner of Police [2001] NSWADT 50 Force (GD) [2013] NSWADTAP 16 Lynch v Commissioner of Police (GD) [2006] NSWADTAP 43 Ping Kee v Commissioner of NSW Police Force [2017] NSWCATAD 110 Uzelac v Commissioner of Police [2003] NSWADT 226 Ward v Commissioner of Police [2000] NSWADT 28 Webb v Commissioner of Police [2004] NSWADT 110 Yaghi v Commissioner of Police, New South Wales Police Service [2001] NSWADT 91 Category: Principal judgment Parties: Brett Kingston (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Hartmann & Associates Solicitors (Applicant) Smythe Wozniak Lawyers (Respondent) File Number(s): 17/154589 Publication restriction: Nil