Toube v Commissioner of Police, NSW Police Force

Case [2025] NSWCATAD 286

Civil and Administrative Tribunal


New South Wales

Medium Neutral Citation: Toube v Commissioner of Police, NSW Police Force [2025] NSWCATAD 286
Hearing dates: 27 February 2025
Date of orders: 19 November 2025
Decision date: 19 November 2025
Jurisdiction:Administrative and Equal Opportunity Division
Before: D Dinnen, Senior Member
Decision:

The Respondent’s reviewable decision is affirmed.

Catchwords:

ADMINISTRATIVE REVIEW – firearms – firearms offences – suspension and revocation - criminal convictions quashed on appeal – underlying conduct – gel blasters – paintball - imitation or “toy” firearms – public interest.

Legislation Cited:

Administrative Decisions Review Act 1997

Firearms Act 1996

Paintball Act 2018

Cases Cited:

AML v Commissioner of Police, New South Wales Police Force [2013] NSWADT 5

Aubrey v Commissioner of Police [2005] NSWADT 266

Bottomley v Commissioner of Police, New South Wales Police [2005] NSWADT 211

Comalco Aluminium (Bell Bay) Ltd v O’Connor and Others (1995) 131 ALR 657

Commissioner of Police v Toleafoa [1999] NSWADTAP 9

Commissioner of Police, New South Wales Police v Mercer [2005] NSWADTAP 55

Commissioner of Police, NSW Police Force v Lee [2016] NSWCATAP 234

Constantin v Commissioner of Police [2013] NSWADTAP 16

Cusumano v Commissioner of Police, NSW Police Service [2001] NSWADT 50

Dale v Commissioner of Police, NSW Police Force [2019] NSWCATAD 134

Davos v Commissioner of Police, New South Wales Police Force [2013] NSWADT 7

Director of Public Prosecutions v Smith (1991) 1 VR 63

DMC v Commissioner of Police, NSW Police Force [2018] NSWCATAD 219

Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60

Esterman v Commissioner of Police, NSW Police Force [2014] NSWCATOD 70

Hoffman v Commissioner of Police, New South Wales Police Service [2003] NSWADT 89

Jameson v Commissioner of Police, New South Police Force [2019] NSWCATAD 25

Joseph v Commissioner of Police, NSW Police Force [2017] NSWCA 31

Kocic v Commissioner of Police, NSW Police Force (2014) 88 NSWLR 159

Lynch v Commissioner of Police (GD) [2006] NSWADTAP 43

Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97

Martin v Commissioner of Police, NSW Police Force [2010] NSWADT 276

Masterson v Commissioner of Police, New South Wales Police Force [2017] NSWCATAP 206

O'Sullivan v Farrer [1989] HCA 61

Petas v Commissioner of Police, NSW Police [2013] NSWADT 137

Vella v Commissioner of Police [2003] NSWADT 91

Ward v Commissioner of Police [2000] NSWADT 28

Webb v Commissioner of Police, New South Wales Police Service [2004] NSWADT 110

Wiltshire v Commissioner of Police [2005] NSWADT 75

Texts Cited:

None cited

Category:Procedural rulings
Parties: Abbas Toube (Applicant)
Commissioner of Police, NSW Police Force (Respondent)
Representation:

Counsel:
T Lowe (Applicant)

Solicitors:
Kings Law Group (Applicant)
Bartier Perry (Respondent)
File Number(s): 2024/00260200
Publication restriction: None

REASONS FOR DECISION

  1. On 15 July 2024 Abbas Toube (the Applicant) filed an application with this Tribunal seeking a review of the 16 May 2024 decision by a delegate of the Commissioner of Police, NSW Police Force (the Respondent) to refuse his application for a Category AB firearms…

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Details
AGLC
Toube v Commissioner of Police, NSW Police Force [2025] NSWCATAD 286
Case
[2025] NSWCATAD 286
Decision Date

CaseChat Overview and Summary

In the case of Toube v Commissioner of Police, NSW Police Force, the dispute arose from the suspension and subsequent revocation of the applicant's firearms licence by the Commissioner of Police. The applicant, Toube, sought judicial review of the decision through the Land and Environment Court of New South Wales. The core issue revolved around whether the Commissioner's decision to revoke the applicant's licence was lawful, particularly in light of the fact that Toube had been acquitted of certain firearms offences that had led to the initial suspension of his licence.

The legal issues that the court was required to decide included the scope and interpretation of relevant legislative provisions concerning firearms licences, the applicability of the public interest test, and whether the Commissioner had the authority to revoke a firearms licence based on conduct that resulted in quashed criminal convictions. Additionally, the court examined whether the Commissioner's decision was influenced by the applicant's possession of gel blasters, which are imitation firearms used in recreational paintball.

The court found that the Commissioner had the authority to consider the underlying conduct when making a decision about the revocation of a firearms licence. It held that even though the criminal convictions were quashed, the conduct that led to those convictions was still relevant. The court further determined that the Commissioner was entitled to consider the public interest in preventing the possession of imitation firearms. Consequently, the court affirmed the Commissioner's decision, holding that the revocation of the applicant's licence was lawful and within the Commissioner's discretion. The court's decision was based on the conclusion that the Commissioner had acted in accordance with the legislative framework and the public interest considerations were appropriately weighed.

Orders

Orders of the court

The Respondent’s reviewable decision is affirmed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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