• Protesters participate in a Black Lives Matter (BLM) rally at The Domain in Sydney, Sunday, July 5, 2020. (AAP)Source: AAP
A NSW Supreme Court ruling that a Sydney Black Lives Matter rally is a prohibited public assembly is expected to be challenged in the Court of Appeal.
27 Jul 2020 - 10:58 AM  UPDATED 27 Jul 2020 - 10:58 AM

* SYDNEY, AAP - NSW Police will do all they can to make sure a Black Lives Matter rally planned for Sydney doesn't go ahead as organisers prepare to appeal a NSW Supreme Court ruling prohibiting the gathering.

* The court on Sunday sided with the police argument that the risk of community transmission of COVID-19 arising from the CBD rally made Tuesday's planned event too risky.

* Justice Mark Ierace found despite low numbers of community transmission in NSW, the state was on the "knife-edge" of further escalation in cases in the wake of a second wave outbreak in Victoria.

* NSW Police said anyone thinking of attending the "unauthorised" protest should reconsider, warning officers won't hesitate to take appropriate action.

* NSW Police Minister David Elliott said this should not be seen as punitive action by officers.

* "We missed out on Anzac Day and the Royal Easter Show and we have to make sure that we ensure that these health regulations, these health orders, are complied with or otherwise we will find themselves in a situation like they have in Victoria," he told Nine's Today show on Monday.

* "It's actually arrogance and it's probably the most dangerous act that anybody could do during a pandemic is organise a mass gathering."

Organisers currently plan to risk arrest and go ahead with the rally before delivering a petition signed by 90,000 people calling for justice for Indigenous man David Dungay Jr to state parliament.

Mr Dungay, a diabetic, died after prison officers stormed his Sydney jail cell in 2015 to stop him eating biscuits.

After the judge announced his orders on Sunday, a lawyer for rally organiser Paddy Gibson asked they be temporarily suspended to allow for an appeal to be lodged with the Court of Appeal.

Mr Gibson produced a COVID safety plan, in which he said people should wear masks, practice hand hygiene and leave contact details with organisers so they could be notified in the event a demonstrator tests positive to coronavirus.

He argued protesting was a fundamental tenet of democracy and must be accommodated.

The matter is expected to be heard by the Court of Appeal on Monday around 10am.