Ros v Commissioner of Police [2020] NSWCATAP 70

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ros v Commissioner of Police [2020] NSWCATAP 70 Hearing dates: 6 March 2020 Date of orders: 28 April 2020 Decision date: 28 April 2020 Jurisdiction: Appeal Panel Before: Armstrong J, President S Westgarth, Deputy President Decision: (1) The time for lodging the Notice of Appeal is extended to 11 December 2019. (2) Leave is given to amend the notice of appeal by the addition of grounds 3, 4 and 5. (3) Leave to appeal on grounds other than a question of law is refused. (4) The appeal is dismissed. Catchwords: APPEAL – administrative review - firearms licence – revocation –– nature of the appeal – whether additional or further evidence allowed - fit and proper person – public interest – leave grounds – findings of Tribunal available on evidence Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Firearms Act 1996 (NSW) Firearms Regulation 2017 (NSW) Cases Cited: AHB v NSW Trustee and Guardian [2017] NSWCATAP 79 BCL v NSW Trustee and Guardian [2014] NSWCATAP 18 BHP Billiton Ltd v Dunning [2013] NSWCA 421 Building Professionals Board v Hans [2008] NSWADTAP 13 Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission [2000] HCA 47 Collins v Urban [2014] NSWCATAP 17 Cominos v Di Rico [2016] NSWCATAP 5 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 Lettau v Artwork Transport Pty Ltd [2017] NSWCATAP 14 Mielczarek v Commissioner of Fair Trading [2016] NSWCATAP 217 Minister for Immigration and Ethnic Affairs v Pochi [1980] 44 FLR 41 Nakad v Commissioner of Police [2014] NSWCATAP 10 Potts v Commissioner of Police [2010] NSWADT 311 Shi v Migration Agents Registration Authority (2008) 235 CLR 286 South Western Sydney Area Health Service v Edmonds [2007] NSWCA 16 Ward v Commissioner of Police, NSW Police Service [2000] NSWADT 28 Webb v Commissioner of Police, NSW Police [2004] NSWADT 110 Yuen v Thom [2016] NSWCATAP 243 ZNX v ZNY [2020] NSWCATAP 41 Category: Principal judgment Parties: Bruno D Ros (Appellant) Commissioner of Police (Respondent) Representation: Counsel: R Coffey (Respondent)