FIREARMS LICENSING – Application for firearms dealers licence – refused by Commissioner – Commissioner’s decision set aside by Tribunal on review – Appeal by Commissioner – Whether Tribunal erred in its approach to consideration of the Commissioner’s application to have considered material regarded by the Commissioner as relevant – Held that Tribunal erred - Whether refusal on the ground of fitness and refusal on the ground of public interest involved the determination of jurisdictional facts – Held not – Whether the Tribunal properly construed the scope of the public interest discretion – held Tribunal erred – Leave granted to extend appeal to merits. Administrative Decisions Review Act 1997, s 63; Firearms Act 1996, s 11(3), s 11(7), s 7.

Commissioner of Police v Joseph [2015] NSWCATAP 9 (10 February 2015)