Padraic Gibson & Ors v Commissioner of Police & Ors [2007] NSWCA 251

New South Wales Court of Appeal

CITATION: Padraic Gibson & Ors v Commissioner of Police & Ors [2007] NSWCA 251 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 6 September 2007 JUDGMENT OF: Beazley JA at 1; Giles JA at 1; Ipp JA at 1

EX TEMPORE JUDGMENT DATE: 6 September 2007

DECISION: The Summons is dismissed with costs.

CATCHWORDS: CONSTITUTIONAL LAW – rights and freedoms implied in Commonwealth Constitution – freedom of political communication – State law provided for exclusion and removal of persons from a defined area for a defined period of time – State law burdened the freedom of communication on political matters – whether State law reasonably appropriate and adapted to serve a legitimate end in a manner compatible with the maintenance of representative and responsible Government

LEGISLATION CITED: APEC Meeting (Police Powers) Act 2007 (NSW), s 24(1)(g), s 26 Uniform Civil Procedure Rules 2005 (NSW), r 1.21

Coleman v Power & Ors (2004) 220 CLR 1; [2004] HCA 39 CASES CITED: Lange v Australian Broadcasting Corporation (1997) 189 CLR 520; [1997] HCA 25 Levy v The State of Victoria & Ors (1997) 189 CLR 579; [1997] HCA 31

Padraic Gibson (First Plaintiff) Daniel Jones (Second Plaintiff) PARTIES: Daniel Robins (Third Plaintiff) Timothy Davis-Frank (Fourth Plaintiff) Commissioner of Police (First Defendant) State of New South Wales (Second Defendant)

FILE NUMBER(S): CA 40600/07

G Kennett; M Avenell; B O'Donnell (Plaintiffs) COUNSEL: N Perram SC; K Richardson (First Defendant; NSW Attorney General (intervenor)) R Orr QC (Commonwealth Attorney General (intervenor))