Cunneen v Independent Commission Against Corruption [2014] NSWCA 421

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Cunneen v Independent Commission Against Corruption [2014] NSWCA 421 Hearing dates: 18 November 2014 Decision date: 05 December 2014 Before: Bathurst CJ at [1]; Basten JA at [30]; Ward JA at [125] Decision: 1 Grant the applicants leave to appeal from the orders made in the Common Law Division on 10 November 2014. 2 Direct the applicants to file within seven days the draft notice of appeal contained in the white folder. 3 Set aside the orders made in the Common Law Division dismissing the applicants' summons and reserving costs. 4 Declare that the Commission has no power to investigate the allegation involving the applicants identified in the summons issued to the applicants dated 27 October 2014. 5 Grant the parties leave to file within 14 days any application for an order as to costs, in the absence of which, the respondent is to pay the applicants' costs in this Court and in the Common Law Division. [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 - Independent Commission Against Corruption - power to investigate "corrupt conduct" - whether allegations capable of falling within the meaning of "corrupt conduct" - whether conduct could "adversely affect" exercise of official functions by any public official - whether status of the applicant is an irrelevant consideration - whether conduct could pervert (or be an attempt to pervert) the course of justice - power to conduct "public inquiry" - whether legally unreasonable to conduct "public inquiry" - Independent Commission Against Corruption 1988 (NSW), ss 7, 8, 13, 31