Commissioner of Police v Samuel Holcombe also known as April Holcombe (on behalf of Community Action for Rainbow Rights) [2020] NSWSC 1428

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of Police v Samuel Holcombe also known as April Holcombe (on behalf of Community Action for Rainbow Rights) [2020] NSWSC 1428 Hearing dates: 9 October 2020 Date of orders: 9 October 2020 Decision date: 09 October 2020 Jurisdiction: Common Law Before: Bellew J Decision: (1) Pursuant to s 64 of the Civil Procedure Act 2005 (NSW), I order that the summons filed in these proceedings, along with the Notice of Intention to Hold a Public Assembly issued by the defendant on 29 September 2020, be amended to record the name of the defendant as "Samuel Holcombe, also known as April Holcombe"; (2) Pursuant to s 25 of the Summary Offences Act 1988 (NSW), I make an order prohibiting the holding of the public assembly identified in the Notice of Intention to Hold a Public Assembly dated 29 September 2020, issued by the defendant; and (3) I make no order as to costs. Catchwords: PUBLIC ASSEMBLY – Summary Offences Act 1988 (NSW) – Whether order pursuant to s 25(1) of the Summary Offences Act 1988 (NSW) should be made prohibiting the holding of a public assembly – Object of proposed assembly to draw attention to legislation before the Parliament – Nature of the balancing exercise to be conducted – Identified right of free speech to be balanced against the public health risk posed by the proposed assembly – Other avenues available to the defendant to draw attention to concerns about proposed legislation – Inability of the defendant to force compliance with elements of safety plan – Medical evidence establishing the existence of a significant risk to public health if assembly proceeds – Order made Legislation Cited: Civil Procedure Act 2005 (NSW) Public Health Act 2010 (NSW) Public Health (COVID‑19 Restrictions on Gathering and Movement) Order (No 5) 2020 (NSW) Summary Offences Act 1988 (NSW) Cases Cited: Commissioner of Police v Gray [2020] NSWSC 867 Category: Procedural and other rulings Parties: Commissioner of Police – Plaintiff Samuel Holcombe also known as April Holcombe (on behalf of Community Action for Rainbow Rights) – Defendant Representation: Counsel: L Gyles SC and M Spartalis – Plaintiff A Wilson – Defendant