Commissioner of Police v Thomson [2020] NSWSC 1424

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of Police v Thomson [2020] NSWSC 1424 Hearing dates: 12 October 2020 Date of orders: 12 October 2020 Decision date: 15 October 2020 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) The summons is dismissed. (2) The plaintiff is to pay the defendant's costs. Catchwords: PUBLIC ASSEMBLY — Summary Offences Act 1988 (NSW) — Whether order pursuant to s 25(1) should be made prohibiting the holding of a public assembly — Balancing exercise between competing public interests CONSTITUTIONAL LAW — Judiciary Act 1903 (Cth) — Notice of constitutional matter — Severance of matters Legislation Cited: Commonwealth Constitution Judiciary Act 1903 (Cth), s 78B Public Health Act 2010 (Cth), ss 7, 10 Public Health (COVID-19 Restrictions on Gathering and Movement) Order (No 5) 2020 (NSW), cl 22 Summary Offences Act 1988 (NSW), ss 23, 24, 25 Cases Cited: ACCC v Berbatis Holdings Pty Ltd (1999) 95 FCR 292; [1999] FCA 1151 Commissioner of Police (NSW) v Gibson [2020] NSWSC 953 Commissioner of Police (NSW) v Supple [2020] NSWSC 727 Commissioner of Police v Bassi [2020] NSWSC 710 Commissioner of Police v Gray [2020] NSWSC 867 Commissioner of Police v Rintoul [2003] NSWSC 662 Commissioner of Police, New South Wales Police Force v Kumar (OBO National Union of Students) [2020] NSWSC 804 Nikolic v MGICA Ltd [1999] FCA 849 Raul Bassi v Commissioner of Police [2020] NSWCA 109 Sagacious Legal Pty Ltd v Wesfarmers General Insurance Ltd (No 3) (2010) 184 FCR 516; [2010] FCA 428 Category: Principal judgment Parties: Commissioner of Police (Plaintiff) Michael Thomson (on behalf of National Tertiary Education Union NSW) (Defendant) Representation: Counsel: L V Gyles SC with M S Spartalis (Plaintiff) A A Wilson (Defendant)