B was issued a penalty notice by post alleging that he had a gathering for a picnic in a park contrary to a COVID direction. E was issued with a penalty notice for participating in an outdoor public gathering of more than two persons in an “area of concern” in a reserve on Tonbridge Street, Ramsgate, on 28 August 2021. Both sought review of these notices without success and then sought various declarations to the effect that the penalty notices were invalid and could not be enforced because they did not specify with appropriate particularity the offence allegedly committed.

Just prior to the hearing, which was listed on 29 November 2022, the defendants conceded that the subject notices were invalid in that they did not comply with the requirements of s 20 of the Fines Act 1996 (NSW). The question before the court was whether it should make the declaratory relief sought.

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