NuCoal Resources Limited v Independent Commission Against Corruption [2014] NSWSC 1199

Supreme Court New South Wales

Medium Neutral Citation: NuCoal Resources Limited v Independent Commission Against Corruption [2014] NSWSC 1199 Hearing dates: 27/08/2014 Decision date: 27 August 2014 Jurisdiction: Common Law Before: Campbell J Decision: (1)The defendant's application for summary dismissal is refused. (2)Order that the defendant pay the plaintiff's costs of the application. (3)I fix the matter for directions before the Common Law case management Registrar on Wednesday 3rd September at 9am. (4)Liberty to apply within the next 24 hours to my Chambers for the fixing of any agreed timetable for further interlocutory steps. Catchwords: PROCEDURE - civil - application for summary dismissal - whether report of ICAC amenable to judicial review - whether utility in declaratory relief Legislation Cited: Mining Act 1992 (NSW), s 380A Cases Cited: Agar v Hyde [2000] HCA 41; 201 CLR 552; Ainsworth v Criminal Justice Commission (1992) 175 CLR 564; Duncan & ors v ICAC [2014] NSWSC 1018 Plaintiff M61/2010E v Commonwealth of Australia [2010] HCA 41; 243 CLR 319 Category: Interlocutory applications Parties: NuCoal Resources Limited (Plaintiff) Independent Commission Against Corruption (First Defendant) The State of New South Wales (Second Defendant) Representation: Counsel: NJ Williams SC together with J Kay-Hoyle (Plaintiff) JS Emmett (Defendant) Solicitors: Quinn Emanuel (Plaintiff) Crown Solicitor's Office (Defendant) File Number(s): 2014/78434