A v Independent Commission Against Corruption [2014] NSWCA 414

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: A v Independent Commission Against Corruption [2014] NSWCA 414 Hearing dates: 4 November 2014 Decision date: 05 December 2014 Before: Bathurst CJ at [1]; Basten JA at [8]; Ward JA at [77] Decision: 1. Grant leave to appeal. 2. Appeal dismissed with costs. 3. Prohibit the disclosure of the name of, and any material capable of enabling identification of, (a) the applicant or (b) the person whose electronic records are sought to be produced to the ICAC until public release of any ICAC report of the investigation to which the summons to produce relates, or until further order of this Court. 4. Revoke, with effect from the making of order 3, the non-publication order made by the Court on 1 September 2014. 5. Liberty to apply to vary order 3. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: ADMINISTRATIVE LAW - judicial review - summons to produce documents issued by ICAC - ICAC Act s 35(1) - whether primary judge erred in finding summons authorised by s 35 - whether decision to issue summons was for a purpose other than an investigation - whether decision to issue summons illogical, irrational or unreasonable - whether ICAC failed to accord procedural fairness to appellant