Raul Bassi v Commissioner of Police (NSW)

Case

[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.
Details

Areas of Law

  • Administrative Law

  • Statutory Interpretation

Legal Concepts

  • Appeal

  • Judicial Review

  • Procedural Fairness

  • Statutory Construction