Hagan v Independent Commission Against Corruption [2002] NSWSC 686

New South Wales Supreme Court

CITATION : Hagan v Independent Commission Against Corruption [2002] NSWSC 686 CURRENT JURISDICTION: Common Law Division Administrative Law List FILE NUMBER(S) : SC 30039/01 HEARING DATE(S) : 8 March 2002 JUDGMENT DATE : 9 August 2002

PARTIES : Patricia Agnes Hagan (Plaintiff) Independent Commission Against Corruption (Defendant) JUDGMENT OF : Dunford J

COUNSEL : RJ Bromwich (Defendant) SOLICITORS : Waterhouse Solicitors (Plaintiff) IV Knight, Crown Solicitor (Defendant) CATCHWORDS : CONSTITUTIONAL LAW - appointment of judges - power of Governor - no power in Court to compel appointment of non-resident judge to hear case in the Court - CONSTITUTIONAL LAW - independence of judiciary - security of tenure - immunity from interference by executive government - acting judges - annual renewal of commissions - COURTS & JUDGES - apprehended bias - allegations of judge fixing and corruption - whether allegation of apprehended bias on part of all judges of the Court sustainable. Supreme Court Act 1970, ss 26, 37, 39 Constitution Act 1902, Parts 2A, 4, s 53 Judicial Officers Act 1986, ss 41, 44 LEGISLATION CITED : Act of Settlement 1700 (Imp.) Imperial Acts Application Act 1966, s 6 Oaths Act 1900, ss 8, 12, Fourth Sched. Independent Commission Against Corruption Act 1988, s 20A Heydon v NRMA Ltd [2000] NSWCA 374, 51 NSWLR 1 CASES CITED : Rajski v Wood (1989) 18 NSWLR 512 Ebner v The Official Trustee in Bankruptcy [2000] HCA 63, 205 CLR 337 DECISION : See para 26.