Commissioner of Police v Da Costa-Reidel (on behalf of Stop Adani Sydney) [2019] NSWSC 198

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of Police v Da Costa-Reidel (on behalf of Stop Adani Sydney) [2019] NSWSC 198 Hearing dates: 15 February 2019 Date of orders: 15 February 2019 Decision date: 08 March 2019 Jurisdiction: Common Law Before: Davies J Decision: 1. An order pursuant to rule 1.12 of the Uniform Civil Procedure Rules that time for service of the Summons be abridged to service by 2pm on 15 February 2019 by email to the defendant's solicitor at stephen@sbalaw.com.au; and

2. An order for the hearing of the summons to be expedited to 15 February 2019.

3. An order pursuant to section 25(1) of the Summary Offences Act 1988 prohibiting the holding of the proposed public assembly in respect of which the defendant served a Form 1 notice dated 25 January 2019 on 29 January 2019 in accordance with section 23(1) of the Summary Offences Act 1988.

4. Each party should bear their own costs of the proceedings. Catchwords: PUBLIC ASSEMBLY – proposed public protest against the Adani coal mine – application by Commissioner of Police under s 25(1) Summary Offences Act 1988 (NSW) – where the protest followed a major thoroughfare and would disrupt traffic and emergency services – where the proposed procession coincided with the heavily-attended Mardi Gras Fair Day – where the defendant refused to accept alternative routes offered by the Commissioner – prohibition order made

COSTS – discretion – general principles – where the plaintiff was successful in its application – where the defendant argued for a costs order based on concepts of public interest – effect of public interest considerations generally Legislation Cited: Public Assemblies Act 1979 (NSW) Summary Offences Act 1988 (NSW) ss 23, 25 Uniform Civil Procedure Rules 2005 (NSW) r 1.12 Cases Cited: Commissioner of Police v Allen (1984) 14 A Crim R 244 NSW Commissioner of Police v Keep Sydney Open Ltd [2017] NSWSC 5 Commissioner of Police v Rintoul [2003] NSWSC 662 NSW Commissioner of Police v Folkes [2015] NSWSC 1887 Oshlack v Richmond River Council (1998) 193 CLR 72 Ruddock v Vadarlis (No 2)(2001) 115 FCR 229; [2001] FCA 1865 South Melbourne City Council v Hallam (No. 2) (1994) 83 LGERA 307 Texts Cited: Nil Category: Principal judgment Parties: NSW Police (Plaintiff) Clara Da Costa-Reidel (on behalf of Stop Adani Sydney) (Defendant) Representation: Counsel: D New (Plaintiff) D Bernie (Defendant)