Raul Bassi v Commissioner of Police (NSW)
Case
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[2020] NSWCA 109
•09 June 2020
Details
AGLC
Case
Decision Date
Raul Bassi v Commissioner of Police (NSW) [2020] NSWCA 109
[2020] NSWCA 109
09 June 2020
CaseChat Overview and Summary
The appeal in *Raul Bassi v Commissioner of Police (NSW)* concerned whether a public assembly was authorised under the *Summary Offences Act 1988* (NSW). The appellant, Raul Bassi, sought to challenge a decision by the Commissioner of Police. The appeal was heard by Bathurst CJ, Bell P, and Leeming JA.
The central legal issues before the court were whether the public assembly in question was authorised, and specifically, whether the Commissioner of Police had communicated non-opposition to the notification of the proposed assembly within the meaning of s 23(1)(f) of the *Summary Offences Act*. A further issue was whether an amendment to the particulars of a timely notification constituted a new notice of intention. The appeal also raised the question of whether the appeal itself involved a violation of s 27(2) of the *Summary Offences Act*.
The Court of Appeal allowed the appeal, declaring that the assembly the subject of the notice was an authorised public assembly. The court granted leave to appeal to the extent necessary and made no order as to costs.
The central legal issues before the court were whether the public assembly in question was authorised, and specifically, whether the Commissioner of Police had communicated non-opposition to the notification of the proposed assembly within the meaning of s 23(1)(f) of the *Summary Offences Act*. A further issue was whether an amendment to the particulars of a timely notification constituted a new notice of intention. The appeal also raised the question of whether the appeal itself involved a violation of s 27(2) of the *Summary Offences Act*.
The Court of Appeal allowed the appeal, declaring that the assembly the subject of the notice was an authorised public assembly. The court granted leave to appeal to the extent necessary and made no order as to costs.
Details
Key Legal Topics
Areas of Law
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Administrative Law
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Statutory Interpretation
Legal Concepts
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Appeal
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Judicial Review
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Procedural Fairness
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Statutory Construction
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Most Recent Citation
Commissioner of Police (NSW) v Gibson [2020] NSWSC 953
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Statutory Material Cited
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