Lee v Commissioner of Police, NSW Police Force [2017] NSWSC 1849

Lee v Commissioner of Police, NSW Police Force [2017] NSWSC 1849

The Tribunal failed to give proper, genuine and realistic consideration to the totality of the plaintiff’s infringements when determining whether it was contrary to the public interest for him to hold the licences and permits. The Appeal Panel was justified in finding error in law, and in re-exercising discretion based on established facts. Decisions about licensing must be made with strict concern for public safety and the public interest established under the Firearms Act and Regulations. The grounds of appeal did not succeed, as the statutory scheme justified the revocation and refusal of licences and permits in view of the plaintiff’s repeated non-compliance.

Parties
Plaintiff: Stephen Gary Lee; First Defendant: Commissioner of Police, NSW Police Force
Jurisdiction
Australia
Judgment Date
18 May 2018
Procedural Posture
Application for Judicial Review / Application for Leave to Appeal / Decision on Leave to Appeal From Appeal Panel of NSW Civil and Administrative Tribunal
Outcome
Leave to appeal refused; proceedings dismissed.
Legal Topics
Judicial Review, Appeals on Questions of Law, Public Interest in Licensing, Revocation of Firearms Licences and Permits
Administrative Law Judicial Review Appeals on Questions of Law Public Interest in Licensing Revocation of Firearms Licences and Permits

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 15 Party arguments 2
Sign in to unlock

Parties

Stephen Gary Lee

Plaintiff

Commissioner of Police, NSW Police Force

First Defendant

Procedural Posture

Application for Judicial Review / Application for Leave to Appeal / Decision on Leave to Appeal From Appeal Panel of NSW Civil and Administrative Tribunal

Legal Issues

  1. 1 Whether the Appeal Panel erred in law in finding that the Tribunal had erred on a point of law
  2. 2 Whether the Appeal Panel erred in finding that the Tribunal did not take into account a relevant consideration, namely the totality of the relevant conduct of the plaintiff
  3. 3 Whether the Appeal Panel erred in law in finding that the public interest required that the first defendant's appeal be upheld

Ratio Decidendi

The Tribunal failed to give proper, genuine and realistic consideration to the totality of the plaintiff’s infringements when determining whether it was contrary to the public interest for him to hold the licences and permits. The Appeal Panel was justified in finding error in law, and in re-exercising discretion based on established facts. Decisions about licensing must be made with strict concern for public safety and the public interest established under the Firearms Act and Regulations. The grounds of appeal did not succeed, as the statutory scheme justified the revocation and refusal of licences and permits in view of the plaintiff’s repeated non-compliance.

Court Disposition

Leave to appeal refused; proceedings dismissed.

Orders

  • The time for the commencement of the proceedings is extended until 2 December 2016.
  • Leave to appeal is refused.