Commissioner of Police v Marshall (Reclaim the Streets) [2017] NSWSC 1589

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of Police v Marshall (Reclaim the Streets) [2017] NSWSC 1589 Hearing dates: 13 November 2017 Date of orders: 13 November 2017 Decision date: 13 November 2017 Jurisdiction: Common Law Before: Hamill J Decision: By consent (noting the agreement between the parties to hold an alternative assembly), prohibition order under s 25 Summary Offence Act made. Catchwords: CIVIL LAW – Summary Offences Act – marriage equality plebiscite – yes – Reclaim the Streets – where group notified Commissioner of Police of intention to assemble in Darlinghurst – whether prohibition order appropriate – proposed closure of Oxford Street – balancing of rights – historical significance of Oxford Street and Taylor Square – where parties negotiated alternative event - yes Legislation Cited: Summary Offences Act 1988 (NSW) Cases Cited: NSW Commissioner of Police v Folkes [2015] NSWSC 1887 Commissioner of Police v Gabriel [2004] NSWSC 31 Commissioner of Police v Jackson [2015] NSWSC 96 NSW Commissioner of Police v Keep Sydney Open Ltd [2017] NSWSC 5 Commissioner of Police v Langosch [2012] NSWSC Commissioner of Police v Ridgewell [2014] NSWSC 1138 Commissioner of Police v Rintoul [2003] NSWSC 662 Wilkie v The Commonwealth; Australian Marriage Equality Ltd v Cormann [2017] HCA Category: Principal judgment Parties: Commissioner of Police, NSW Police Force (plaintiff) John Marshall on behalf of Reclaim The Streets (defendant) Representation: Counsel: Mr M Hutchings (plaintiff) Mr P O'Brien (defendant)