Sbat v Combat Sports Authority of NSW [2025] NSWCATAD 27

Sbat v Combat Sports Authority of NSW [2025] NSWCATAD 27

The Tribunal found that both applicants are not fit and proper persons to hold registration under the Combat Sports Act 2013 due to their criminal histories, associations with organised crime, and in the case of Mr Omar, ongoing issues with performance enhancing drugs. The decision to cancel their registrations and, for Mr Sbat, to issue a general prohibition order was affirmed as the correct and preferable decision to protect the integrity and reputation of the combat sports industry and public confidence, having regard to the statutory objects, the evidence before the Tribunal, and relevant legal principles.

Parties
Applicant: Hany Sbat; Applicant: Adam Omar; First Respondent: Combat Sports Authority of NSW; Second Respondent: Commissioner of Police, NSW Police Force
Jurisdiction
Australia
Judgment Date
23 January 2025
Procedural Posture
Administrative Review / Decision After Hearing
Outcome
Applications dismissed; decisions affirmed
Legal Topics
Fit and Proper Person Test, Industry Participant Licences, Prohibition Order, Administrative Review, Combat Sports Regulation
Administrative Law Sports Law Fit and Proper Person Test Industry Participant Licences Prohibition Order Administrative Review Combat Sports Regulation

Case Brief

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Parties

Hany Sbat

Applicant

Adam Omar

Applicant

Combat Sports Authority of NSW

First Respondent

Commissioner of Police, NSW Police Force

Second Respondent

Procedural Posture

Administrative Review / Decision After Hearing

Legal Issues

  1. 1 Whether Mr Sbat is a fit and proper person to hold registration under the Combat Sports Act 2013
  2. 2 Whether Mr Omar is a fit and proper person to hold registration under the Combat Sports Act 2013
  3. 3 Whether a prohibition order should be issued to Mr Sbat

Ratio Decidendi

The Tribunal found that both applicants are not fit and proper persons to hold registration under the Combat Sports Act 2013 due to their criminal histories, associations with organised crime, and in the case of Mr Omar, ongoing issues with performance enhancing drugs. The decision to cancel their registrations and, for Mr Sbat, to issue a general prohibition order was affirmed as the correct and preferable decision to protect the integrity and reputation of the combat sports industry and public confidence, having regard to the statutory objects, the evidence before the Tribunal, and relevant legal principles.

Court Disposition

Applications dismissed; decisions affirmed

Orders

  • The decisions under review are affirmed.
  • Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 and s 78 of the Combat Sports Act 2013, other than to the Tribunal and respondents, publication, broadcast or disclosure of any part of any paragraph of these reasons which commence with [NOT FOR PUBLICATION] other than the words in those brackets,...