Commissioner of Police v Rintoul [2003] NSWSC 662

New South Wales Supreme Court

CITATION : Commissioner of Police v Rintoul [2003] NSWSC 662 HEARING DATE(S) : 18 July 2003 JUDGMENT DATE : 18 July 2003

JUDGMENT OF : Simpson J DECISION : Summons dismissed; plaintiff to pay the costs of the defendant.

CATCHWORDS : prohibition of public assembly - authorised public assembly - privacy - exercise of democratic freedom LEGISLATION CITED : Summary Offences Act 1988 (NSW) s23, s24, s25 CASES CITED : Commissioner of Police v Allen (1984), 14 A Crim R 244 Commissioner of Police v Vranjkovic, unreported 28 November 1980, Lee J, NSWSC PARTIES : Commissioner of Police - Plaintiff Ian Rintoul - Defendant FILE NUMBER(S) : SC 30062/03 COUNSEL : I Bourke with A Eckhold - Plaintiff KG Horler QC with D Bernie - Defendant SOLICITORS : IV Knight - Plaintiff Stephen Blanks & Associates - Defendant

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION ADMINISTRATIVE LAW LIST

SIMPSON J

Friday 18 July 2003

30062/03

COMMISSIONER OF POLICE v Ian RINTOUL

JUDGMENT 1 HER HONOUR: By summons filed on 17 July 2003, the plaintiff, the Commissioner of Police ("the Commissioner"), seeks an order prohibiting the holding of a public assembly proposed by the defendant and others to be held during the morning of 19 July 2003. On 17 July I made an order abridging the time for service of summons. All relevant parties have been notified and are represented today. 2 The order sought by the Commissioner is one the authority for which is conferred on this Court by s25 of the Summary Offences Act 1988 ("the Act"). Part 4 of the Act deals generally with public assemblies. By s23 a public assembly is an authorised public assembly if: