Shawmac Industries Australia Pty Ltd v Commissioner of Police, NSW Police Force [2018] NSWCATAD 279

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Shawmac Industries Australia Pty Ltd v Commissioner of Police, NSW Police Force [2018] NSWCATAD 279 Hearing dates: 7 June and 12 September 2017 Date of orders: 30 November 2018 Decision date: 30 November 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: Naida Isenberg, Senior Member Decision: The decision under review is set aside. Catchwords: ADMINISTRATIVE LAW – merits review - Firearms Dealers Licence – business selling silencers - public interest - genuine reason for licence Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Firearms Act 1996 Weapons Prohibition Act 1998 Cases Cited: Bottomley v Commissioner of Police [2005] NSWADT 211Commissioner of Police v Joseph [2016] NSWCATAP 124 Cook v Commissioner of Police, New South Wales Police Service [2003] NSWADT 30 at [20]. Hill v Commissioner of Police, New South Wales Police Service [2002] NSWADT 218 Huckel v Commissioner of Police, New South Wales Police Force [2008] NSWADT 347. Pennington v Commissioner of Police, New South Wales Police [2004] NSWADT 44 Ping Kee v Commissioner of NSW Police Force [2017] NSWCATAD 110 Shi v Migration Agents Registration Authority [2008] HCA 31 Category: Principal judgment Parties: Shawmac Industries Australia Pty Ltd (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Daniel Shaw (Managing Director) (Applicant) Maddocks (Respondent) File Number(s): 2018/00006791 Publication restriction: Pursuant to ss 64(1)(c) and (d) of the NCAT Act, the transcript and recording of the confidential hearing, confidential exhibit RC1, and the contents of all paragraphs in these reasons marked "[Not for publication]" are not to be published or released to the Applicant.