Solomon v Commissioner of Police (NSW) [2021] NSWSC 236

Solomon v Commissioner of Police (NSW) [2021] NSWSC 236

Although the delay in filing the summons was adequately excused in light of the balance of prejudice, absence of prejudice to the Commissioner, the documentary nature of the review, and the continuing operation of the initial order, each ground of judicial review failed. The statutory scheme for internal review did...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
17 March 2021
Procedural Posture
Judicial Review of Internal Review Decision Affirming Firearms Prohibition Order / Application for Extension of Time and Determination of Summons in the Supreme Court's Supervisory Jurisdiction Under S 69 of the Supreme Court Act 1970 (nsw)
Outcome
Extension of time granted; summons dismissed; plaintiff ordered to pay the defendant's costs.
Legal Topics
['extension of Time' 'firearms Prohibition Order' 'procedural Fairness' 'relevant and Irrelevant Considerations' 'improper Purpose' 'police Search Powers']
['administrative Law' 'firearms Regulation' 'judicial Review'] ['extension of Time' 'firearms Prohibition Order' 'procedural Fairness' 'relevant and Irrelevant Considerations' 'improper Purpose' 'police Search Powers']

Source-derived case record

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Procedural Posture

Judicial Review of Internal Review Decision Affirming Firearms Prohibition Order / Application for Extension of Time and Determination of Summons in the Supreme Court's Supervisory Jurisdiction Under S 69 of the Supreme Court Act 1970 (nsw)

Legal Issues

  1. 1 ['Whether the plaintiff should be granted an extension of time to file the summons for judicial review.' 'Whether the internal reviewer denied procedural fairness by failing to inform the plaintiff of, and give him an opportunity to respond to, factual matters taken into account.' 'Whether the internal reviewer took into account irrelevant considerations, including uncharged cannabis-related matters and alleged access to firearms.' 'Whether the internal reviewer failed to take into account relevant considerations raised by the plaintiff.' 'Whether the internal reviewer acted for an improper purpose by making the order to enable investigation of perceived ongoing criminality unrelated to firearms.' 'What was the proper scope of search powers under s 74A of the Firearms Act 1996 (NSW).']

Ratio Decidendi

Although the delay in filing the summons was adequately excused in light of the balance of prejudice, absence of prejudice to the Commissioner, the documentary nature of the review, and the continuing operation of the initial order, each ground of judicial review failed. The statutory scheme for internal review did not impose the procedural fairness obligation assumed by the plaintiff, and in any event the challenged matters were known to him or reasonably expected to be used and were not shown to be material in the required sense. The cannabis found on the property and the plaintiff's apparent past access to firearms were not irrelevant considerations; the reviewer did not fail to...

Court Disposition

Extension of time granted; summons dismissed; plaintiff ordered to pay the defendant's costs.

Orders

  • ['Grant the plaintiff an extension of time within which to file his summons for judicial review up to and including 7 October 2020.' 'Dismiss the summons.' "Order that the plaintiff pay the defendant's costs of the proceedings."]