Zreika v Commissioner of Police [2021] NSWCATAD 76

Zreika v Commissioner of Police [2021] NSWCATAD 76

Special circumstances existed because, after the Commissioner put the Applicant on notice that his apparent move to Queensland raised a threshold residency issue and invited withdrawal, the Applicant did not respond and the Commissioner had no reasonable alternative but to prepare for the hearing. The Applicant's prospects were poor because he had moved or was moving to Queensland and was not a resident of NSW for the purposes of s 11(3)(d) of the Firearms Act 1996. It was appropriate to award only the Commissioner's costs incurred after 22 January 2021, quantified as a lump sum of $2,692.32.

Jurisdiction
Australia
Judgment Date
26 March 2021
Procedural Posture
Costs Application in Administrative Review Proceedings Concerning Revocation of a Firearms Licence / Decision on Costs After the Applicant Withdrew the Substantive Application and It Was Dismissed
Outcome
The Commissioner was awarded costs against the Applicant in the sum of $2,692.32.
Legal Topics
['special Circumstances for Costs in Ncat' 'lump Sum Costs Order' 'withdrawal of Application' 'residency Requirement for Firearms Licence']
['administrative Law' 'costs' 'firearms Licensing'] ['special Circumstances for Costs in Ncat' 'lump Sum Costs Order' 'withdrawal of Application' 'residency Requirement for Firearms Licence']

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Procedural Posture

Costs Application in Administrative Review Proceedings Concerning Revocation of a Firearms Licence / Decision on Costs After the Applicant Withdrew the Substantive Application and It Was Dismissed

Legal Issues

  1. 1 ['Whether there were special circumstances warranting an award of costs under s 60 of the Civil and Administrative Tribunal Act 2013.' "Whether the Applicant's conduct after being invited to withdraw the application unnecessarily caused the Commissioner to incur costs preparing for hearing." "Whether the Applicant's poor prospects arising from the residency requirement in s 11(3)(d) of the Firearms Act 1996 supported an award of costs." 'Whether a fixed lump sum costs order was appropriate.']

Ratio Decidendi

Special circumstances existed because, after the Commissioner put the Applicant on notice that his apparent move to Queensland raised a threshold residency issue and invited withdrawal, the Applicant did not respond and the Commissioner had no reasonable alternative but to prepare for the hearing. The Applicant's prospects were poor because he had moved or was moving to Queensland and was not a resident of NSW for the purposes of s 11(3)(d) of the Firearms Act 1996. It was appropriate to award only the Commissioner's costs incurred after 22 January 2021, quantified as a lump sum of $2,692.32.

Court Disposition

The Commissioner was awarded costs against the Applicant in the sum of $2,692.32.

Orders

  • ["The Applicant is to pay the Commissioner's costs in the sum of $2,692.32."]