NSW Commissioner of Police v Keep Sydney Open Ltd

The NSW Court of Appeal heard an application by the Commissioner of Police in relation to a protest organised by Keep Sydney Open Ltd. The protest was intended to demonstrate against recent State Government legislation which imposed restrictions on trading hours of licensed premises. The Commissioner sought an order under the Summary Offences Act 1988 (NSW) section 25(1) to prohibit the protest from taking place on public roads in Sydney's CBD. The lower court had previously granted the application, and the protest organisers appealed the decision.

The appeal raised two primary legal issues. Firstly, whether the Commissioner's application was validly made under section 25(1) of the Act. Secondly, whether the order was necessary to prevent a public nuisance or to preserve public safety and order. The protest organisers argued that the application was not validly made because it did not meet the requirements of the Act. They also contended that the order was not necessary, as the protest would not cause a public nuisance or threaten public safety and order. The Commissioner maintained that the application was valid and that the order was necessary to prevent potential harm and disruption.

The Court of Appeal found that the Commissioner's application was validly made, as it complied with the requirements of section 25(1) of the Act. The Court also held that the order was necessary to prevent a public nuisance and to preserve public safety and order. The Court found that the protest had the potential to cause significant disruption to the CBD, and that the risks to public safety and order outweighed any right to protest. The appeal was dismissed, and the order prohibiting the protest from taking place on public roads was upheld.

The Court of Appeal dismissed the appeal and confirmed the order made by the lower court. The protest organised by Keep Sydney Open Ltd was prohibited from taking place on public roads in Sydney's CBD. The Commissioner's application under section 25(1) of the Summary Offences Act 1988 (NSW) was validly made, and the order was necessary to prevent a public nuisance and to preserve public safety and order.