Cunneen and Ors v Independent Commission Against Corruption [2014] NSWSC 1571

Supreme Court New South Wales

Medium Neutral Citation: Cunneen and Ors v Independent Commission Against Corruption [2014] NSWSC 1571 Hearing dates: 5.11.2014; 6.11.2014; 7.11.2014 Decision date: 10 November 2014 Before: Hoeben CJ at CL Decision: The plaintiffs' summons is dismissed. Costs are reserved. Catchwords: ADMINISTRATIVE LAW - judicial review - decisions of Independent Commission Against Corruption to conduct an investigation and conduct a public hearing - application by Plaintiffs for Statement of Reasons pursuant to r 59.9 Uniform Civil Procedure Rules (UCPR) - refusal by ICAC to give reasons - interrelation of s 111 of the ICAC Act with r 59.9 UCPR whether ICAC's decision to conduct investigation beyond jurisdiction - interpretation of s 8(2) of ICAC Act - application of principle of legality - whether allegations in ICAC Summons capable of establishing corrupt conduct as defined by s 8(2) ICAC Act - whether ICAC's decision to conduct a public hearing invalid - challenge by Plaintiffs to whether ICAC was or could be satisfied that decision to hold a public hearing was in the public interest - relevant tests - challenges to ICAC decisions not made out - Summons dismissed. Legislation Cited: Crimes Act 1900 (NSW) - s 312, s 319 Crown Prosecutors Act 1986 (NSW) Independent Commission Against Corruption Act 1988 Supreme Court Act 1970 - s 69 Uniform Civil Procedure Rules 2005 - r 59.9 Cases Cited: A v Independent Commission Against Corruption [2014] NSWSC 1167 Ainsworth v Criminal Justice Commission [1992] HCA 10; 175 CLR 564 Australian Institute of Marine and Power Engineers v Secretary, Department of Transport [1986] 13 FCR 124 Australian Postal Corporation v D'Rozario [2014] FCAFC 89 Avon Downs Pty Ltd v The Federal Commissioner of Taxation [1949] HCA 26; 78 CLR 353 D'Amore v Independent Commission Against Corruption [2013] NSWCA 87; 303 ALR 242 at [103] Einfeld v R [2008] NSWCCA 215; 71 NSWLR 31 Electrolux Home Products Pty Ltd v Australian Workers Union [2004] HCA 40; 221 CLR 309 Hagan v Independent Commission Against Corruption [2001] NSWSC 890 Lee (No 1)v NSW Crime Commission [2013] HCA 39; 87 ALJR 1127 Michael v R [2014] NSWCCA 2 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; 162 CLR 24 Minister for Immigration and Citizenship v SZGUR & Anor [2011] HCA 1; 241 CLR 594 Minister for Immigration and Multicultural Affairs Ex parte: Application S20/2002 [2003] 198 ALR 59 National Companies and Securities Commission v News Corporation Ltd [1984] HCA 29; 156 CLR 296 Police Integrity Commission and Anor v Shaw [2006] NSWCA 165; 66 NSWLR 446 Public Service Board of NSW v Osmond [1986] HCA 7; 159 CLR 656 R v OM [2011] NSWCCA 109 R v Rogerson [1992] HCA 25; 174 CLR 268 at 280 Category: Principal judgment Parties: Margaret Cunneen - First Plaintiff Stephen Wyllie - Second Plaintiff Sophia Tilley - Third Plaintiff Independent Commission Against Corruption - Defendant Representation: Counsel: Mr A Moses SC/Mr T Howard SC/Ms R Gall - Plaintiffs Dr J Kirk SC/Mr S Robertson - Defendant Solicitors: File Number(s): 2014/324898