New South Wales Crime Commission v Police Integrity Commission; Giorgiutti v Police Integrity Commission (No 2) [2011] NSWSC 476

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Police Integrity Commission; Giorgiutti v Police Integrity Commission (No 2) [2011] NSWSC 476 Hearing dates: 20/05/2011 Decision date: 24 May 2011 Jurisdiction: Common Law Before: Rothman J Decision: (1) Pursuant to s 14 of the Civil Procedure Act 2005, the Court waives compliance with so much of the Uniform Civil Procedure Rules 2005, which require the filing of a notice of motion to treat an earlier judgment as not having been entered and to allow the communication by the New South Wales Crime Commission by facsimile to be treated as a notice of motion for the purposes of r 36.16(3A); (2) Pursuant to the provisions of r 36.11(2), to the extent necessary, the Court otherwise orders that the judgment or order issued on 17 May 2011 was not, by the recording thereof in the Court's computerised court record system, taken to be entered; (3) Pursuant to r 36.16(1), the Court sets aside order (ii) of the orders issued in this matter on 17 May 2011 and/or varies the orders issued on 17 May 2011 by deleting order (ii) thereof and inserting, in lieu thereof, the following order: "(ii) The determination of the Acting Commissioner of the Police Integrity Commission made 17 February 2011, for which reasons for decision were issued on 25 February 2011, be quashed and the Acting Commissioner consider again whether to hold the investigation, the scope and purpose of which was announced on 13 December 2010, in public or in private, without regard to the allegations of misconduct to which order (i) herein refers." (4) The parties herein are released from any undertakings concerning the holding of hearings of the Police Integrity Commission in public; (5) The injunction issued by the Court on 18 February 2011, and any other injunction relating to the hearing and/or continuation of the investigation by the Police Integrity Commission, the scope and purpose of which was announced on 13 December 2010, other than the injunction in order (i) of 17 May 2011, is hereby discharged; (6) The 14 days during which a party may make submissions on an appropriate order for costs, to which the reasons for judgment on 17 May 2011 referred at [123], shall be calculated to run from today. Catchwords: ADMINISTRATIVE LAW - Police Integrity Commission - reopening to deal finally with issues arising as a consequence of earlier judgment - whether judgment entered - jurisdiction - irrelevant considerations - reconsideration necessary Legislation Cited: Civil Procedure Act 2005 Criminal Assets Recovery Act 1990 Interpretation Act 1987 Police Integrity Commission Act 1996 Supreme Court Act 1970 Uniform Civil Procedure Rules 2005 Cases Cited: Autodesk Inc v Dyason (No 2) [1993] HCA 6; (1993) 176 CLR 300 Bailey v Marinoff [1971] HCA 49; (1971) 125 CLR 529 Craig v South Australia [1995] HCA 58; (1995) 184 CLR 163 Edwards v Santos Ltd [2011] HCA 8 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 24 New South Wales Crime Commission v Police Integrity Commission; Giorgiutti v Police Integrity Commission [2011] NSWSC 443 Project Blue Sky Inc & Ors v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 Category: Consequential orders Parties: 2011/54085: New South Wales Crime Commission (Plaintiff) Police Integrity Commission (Defendant)