Kosciolek v Commissioner of Police [2024] NSWSC 15

Supreme Court New South Wales

Medium Neutral Citation: Kosciolek v Commissioner of Police [2024] NSWSC 15 Hearing dates: 22 November 2023 Date of orders: 31 January 2024 Decision date: 31 January 2024 Jurisdiction: Common Law Before: Fagan J Decision: The summons is dismissed. Costs reserved, to be determined on the papers if unable to be agreed. Catchwords: ADMINISTRATIVE LAW — judicial review — penalty notice for breach of COVID-19 public health order — whether the description on penalty notice specified the offence as required by s 20 of the Fines Act 1996 (NSW) — obligation of Commissioner of Taxation to administer law as interpreted by the Court — whether the Court should make a declaration and give reasons where notice admitted to be invalid and withdrawn — whether any public interest warranting a declaration and Court's reasons for invalidity Legislation Cited: Fines Act 1996 (NSW) Public Health Act 2010 (NSW) Cases Cited: Beame; Els v Commissioner of Police [2023] NSWSC 347 Dunlop v Department of Justice and Attorney-General (Qld) [2020] QSC 160 Plaintiff M61/2010E v Commonwealth of Australia; Plaintiff M69 of 2010 v Commonwealth of Australia (2010) 243 CLR 319; [2010] HCA 41 Ainsworth v Criminal Justice Commission (1992) 175 CLR 564; [1992] HCA 10 Indooroopilly Chidren's Services (QLD) Pty Ltd [2007] FCAFC 16 at [3]-[7] Category: Principal judgment Parties: Angelika Kosciolek (plaintiff) Commissioner of Police (first defendant) Commissioner of Fines Administration (second defendant) Representation: Counsel: K Richardson SC with T Smartt (plaintiff) S Robertson SC with E Jones (defendants)