NSW Caselaw
New South Wales Court of Appeal
CITATION: McGuirk v Independent Commission Against Corruption [2008] NSWCA 302 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 3 November 2008
JUDGMENT DATE: 3 November 2008
JUDGMENT OF: Giles JA at 1; Hodgson JA at 16
EX TEMPORE JUDGMENT DATE: 31 October 2008
DECISION: Application for leave to appeal dismissed with costs.
CATCHWORDS: Leave to appeal - construction of s 9 Freedom of Information Act - Tribunal member reversed by Appeal Panel - judge restored member's decision - important question - but Appeal Panel's decision aberrant - no substantial argument on appeal - leave refused - judge awarded costs against applicant - prospects that so unreasonable as to be outside proper exercise of discretion slight - leave also refused.
CASES CITED: Independent Commission against Corruption v Cripps (Sully J, 27 August 1996, unreported)
PARTIES: Gerard Michael McGuirk - Applicant Independent Commission Against Corruption - Opponent
FILE NUMBER(S): CA 40847/07
Applicant in person COUNSEL: A M Mitchelmore - Opponent
SOLICITORS: I V Knight, Crown Solicitor - Opponent
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): SC 30070/06
LOWER COURT JUDICIAL OFFICER: Simpson J
LOWER COURT DATE OF DECISION: 2 March 2007
LOWER COURT MEDIUM NEUTRAL CITATION: Independent Commission Against Corruption v Gerard Michael McGuirk [2007] NSWSC 147
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40847/07
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