Masterson v Commissioner of Police [2018] NSWSC 892

Supreme Court New South Wales

Medium Neutral Citation: Masterson v Commissioner of Police [2018] NSWSC 892 Hearing dates: 13 June 2018 Decision date: 14 June 2018 Jurisdiction: Common Law Before: Adamson J Decision: (1) Refuse leave to appeal against the decision of the Appeal Panel of the New South Wales Civil and Administrative Tribunal.

(2) Order the plaintiff to pay the defendant's costs of the proceedings. Catchwords: ADMINISTRATIVE LAW – plaintiff sought to challenge decisions which were no longer operative – question of public interest in the context of firearms legislation – whether Tribunal influenced by material filed although not tendered – course taken by counsel appearing for plaintiff in Tribunal – alleged unreasonableness of revocation – no question of law – leave refused Legislation Cited: Administrative Decisions Review Act 1997 (NSW) ss 9, 63, 66 Civil and Administrative Tribunal Act 2013 (NSW) s 83 Firearms Act 1996 (NSW) ss 3, 4, 7, 8, 11, 24, 36, 75(1)(c); Sch 1, cl 11 Firearms Regulation 2006 (NSW) cl 19 Telecommunications (Interception and Access) Act 1979 (Cth) s 63 Weapons Prohibition Act 1998 (NSW) s 7; Sch 1, cl 4(c) Cases Cited: Kocic v Commissioner of Police NSW Police Force (2014) 88 NSWLR 159 Minister for Immigration and Citizenship v SZGUR (2011) 241 CLR 594; [2011] HCA 1 Navazi v New South Wales Land and Housing Corporation [2015] NSWCA 308 Valuer-General of New South Wales v Oriental Bar Pty Ltd [2016] NSWCA 48 R v Birks (1990) 19 NSWLR 677 Category: Principal judgment Parties: Tristan David Masterson (Plaintiff) Commissioner of Police, NSW Police Force (Defendant) Representation: Counsel: Plaintiff in person H El-Hage (Defendant)