Commissioner of Police, New South Wales Police Force v Holdsworth [2019] NSWCATAP 167

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Commissioner of Police, New South Wales Police Force v Holdsworth [2019] NSWCATAP 167 Hearing dates: 10 May 2019 Date of orders: 08 July 2019 Decision date: 08 July 2019 Jurisdiction: Appeal Panel Before: N Hennessy ADCJ, Deputy President M Harrowell, Principal Member Decision: 1. Leave is granted for the Commissioner of Police, NSW Police Force to appeal from an interlocutory decision. 2. The Tribunal's decision that, "The time for filing of the application is extended to 9 July 2018" is set aside. 3. In substitution for that decision, the following decision is made: The application to extend time to appeal the Firearms Prohibition Order made 5 February 1986 is refused. Catchwords: APPEAL – interlocutory decision to extend time – whether leave should be granted to appeal – whether discretion miscarried Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Firearms Act 1989 (NSW) (repealed) Firearms Act 1996 (NSW) Firearms and Dangerous Weapons Act 1973 (NSW) (repealed) Firearms Regulation 1990 (NSW) (repealed) Cases Cited: Champion Homes Pty Ltd v Guirgis [2018] NSWCATAP 54 House v The King (1936) 55 CLR 499; [1936] HCA 40 Re Estate of Henry Basil Photios [2018] NSWSC 1414 Taylor v Commissioner of Police, NSW Police [2006] NSWADT 48 Texts Cited: Nil Category: Principal judgment Parties: Commissioner of Police, New South Wales Police Force (Appellant) Craig Colin Holdsworth (Respondent) Representation: Counsel C Mantziaris (Appellant) N Simpson (Respondent)