Padraic Gibson (on behalf of the Dungay family) v Commissioner of Police (NSW Police Force)

(2020) 102 NSWLR 900; [2020] NSWCA 160

NSW Court of Appeal

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Interrogate

Catchwords

1. Courts
2. › Jurisdiction
3. › Supreme Court of New South Wales
4. › Whether jurisdiction to prohibit proposed public assembly conditioned on Commissioner's compliance with statutory consultation procedure
5. › Whether statutory prohibition on Commissioner applying unless procedure followed operated to deny court jurisdiction
6. › Summary Offences Act 1988 (NSW), ss 25(1), 25(2)
1. Appeal
2. › Statutory limitation on appeals
3. › Whether appeal lies from order prohibiting proposed public assembly
4. › Whether appeal confined to jurisdictional question fell within statutory prohibition on appeals
5. › Summary Offences Act 1988 (NSW), s 27(2)
6. › Supreme Court Act 1970 (NSW), s 101
1. Public Assembly
2. › Summary Offences Act 1988 (NSW)
3. › Prohibition of public assembly by court order
4. › Statutory consultation procedure as precondition to application
5. › Effect of non-compliance with consultation procedure
6. › Summary Offences Act 1988 (NSW), ss 23, 24, 25, 26, 27, Pt 4

Quick Take

Organisers of public assemblies cannot defeat a prohibition application by arguing that the Commissioner's non-compliance with the s 25(2) consultation procedure deprived the Court of jurisdiction; however, non-compliance may be raised as a discretionary factor affecting the outcome, timing, or costs of the application.