Kassam v Hazzard; Henry v Hazzard

[2021] NSWSC 1320

Supreme Court

New South Wales

• Summary available
• Amendment notes

Medium Neutral Citation:

Kassam v Hazzard; Henry v Hazzard [2021] NSWSC 1320

Hearing dates:

30 September 2021, 1 October 2021, 5 and 6 October 2021

Date of orders:

15 October 2021

Decision date:

15 October 2021

Jurisdiction:

Common Law

Before:

Beech-Jones CJ at CL

Decision:

Proceedings 2021/249601

(1)   The proceedings be dismissed;

(2)   On or before 22 October 2021, the parties confer in relation to the appropriate orders as to costs;

(3)   In the event that agreement is reached on the appropriate orders as to costs, the parties file the proposed orders on or before 5.00pm on 25 October 2021;

(4)   In the event that no agreement is reached on the appropriate orders as to costs, each party file and serve:

(i)   their proposed orders as to costs and any submissions in support of the proposed orders that are not to exceed four pages on or before 5.00pm on 29 October 2021;

(ii)   any submissions in reply that do not exceed four pages on or before 5.00pm on 5 November 2021.

Proceedings 2021/252587

(1)   The proceedings be dismissed;

(2)   On or before 22 October 2021, the parties confer in relation to the appropriate orders as to costs;

(3)   In the event that agreement is reached on the appropriate orders as to costs, the parties file the proposed orders on or before 5.00pm on 25 October 2021;

(4)   In the event that no agreement is reached on the appropriate orders as to costs, each party file and serve:

(i)   their proposed orders as to costs and any submissions in support of the proposed orders that are not to exceed four pages on or before 5pm on 29 October 2021;

(ii)   any submissions in reply that do not exceed four pages on or before 5pm on 5 November 2021.

Catchwords:

PUBLIC HEALTH ACT – COVID-19 – public health orders made under s 7(2) of the Public Health Act – orders designate certain areas of concern and restrict movement out of the home and out of the area –authorised workers able to leave area of concern but only if vaccinated – orders allow residents of area of concern to enter and remain on construction sites but only if vaccinated – orders allow persons to enter and remain upon premises that operate aged care facilities but only if vaccinated – orders preclude persons from working at school and early education facilities unless vaccinated – scope of power to make orders giving such broad directions – whether power limited by reference to other powers conferred by the Public Health Act as a whole – whether principle of legality engaged by impugned orders – effect on personal freedoms – orders affect freedom of movement and capacity to work – orders do not violate right to body integrity – rule restricting freedom of movement for unvaccinated persons does not vitiate consent to vaccination – requirement for persons who leave areas of concern, enter building sites or work at…