Lee v Commissioner of Police, NSW Police Force [2017] NSWSC 1849

Supreme Court New South Wales

Medium Neutral Citation: Lee v Commissioner of Police, NSW Police Force [2017] NSWSC 1849 Hearing dates: 31 October 2017 Date of orders: 18 May 2018 Decision date: 18 May 2018 Jurisdiction: Common Law Before: Bellew J Decision: (1) The time for the commencement of the proceedings is extended until 2 December 2016. (2) Leave to appeal is refused. (3) The proceedings are dismissed. (4) Absent agreement, the parties are to file with my Associate written submissions as to costs within seven days, such submissions not to exceed two pages in length in each case. Catchwords: Administrative Law – Judicial Review – Application for leave to appeal against a decision of the Appeal Panel of the NSW Civil and Administrative Tribunal – Necessity to establish a question of law in order to justify a grant of leave – Where plaintiff held a number of firearm licenses and permits – Where first defendant determined that all such licenses and permits should be revoked – Where the plaintiff appealed to the Tribunal constituted by a single member – Evidence of numerous transgressions by the plaintiff in relation to his various licenses – Where Tribunal upheld the first defendant's determinations in all but three cases – Where the first defendant appealed to Appeal Panel – Where Appeal Panel upheld the appeal and affirmed the first defendant's determination in respect of those three cases – Where plaintiff sought leave to appeal against the decision of the Appeal Panel on a question of law – Whether Appeal Panel erred in law in concluding that the Tribunal had erred – Whether Appeal Panel erred in failing to remit the matter to the Tribunal having found error – Whether the decision of the Appeal Panel was unreasonable – Leave to appeal refused Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Firearms Act 1996 (NSW) Firearms Regulation 2006 (NSW) Weapons Prohibition Act 1998 (NSW) Cases Cited: Associated Provincial Picture Houses v Wednesbury Corporation [1947] EWCA Civ 1; [1948] 1 KB 223 Belmorgan Property Development Pty Limited v GPT RE Pty Limited (2007) 153 LGERA 450; [2007] NSWCA 171 Bromley London Borough Council v Greater London Council [1983] 1 AC 768; [1982] 2 WLR 62 Commissioner of Police, NSW Police Force v Lee [2016] NSWCATAP 234 Conyngham & Ors v Minister for Immigration and Ethnic Affairs (1986) 68 ALR 423 Hijazi v Commissioner of Police, NSW Police Force [2014] NSWCATAD 148 Ku-ring-gai Council v West (2017) 220 LGERA 386; [2017] NSWCA 54 Lee v Commissioner of Police, NSW Police Force [2015] NSWCATAD 254 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 13 Secretary of State for Education and Science v Tameside Metropolitan Borough Council [1976] UKHL 6; [1977] AC 1014 Category: Principal judgment Parties: Stephen Gary Lee (Plaintiff) Commissioner of Police, NSW Police Force (First Defendant) Representation: Counsel: M J Neil QC and D Price (Plaintiff) H El-Hage (First Defendant)