Waterhouse v The Independent Commission Against Corruption (No.3) [2015] NSWSC 261

Supreme Court New South Wales

Medium Neutral Citation: Waterhouse v The Independent Commission Against Corruption (No.3) [2015] NSWSC 261 Hearing dates: 1 April 2014, 2 April 2014, 30 May 2014 (written submissions), 8 September 2014 Date of orders: 02 April 2015 Decision date: 02 April 2015 Jurisdiction: Common Law Before: Garling J Decision: (1)Amended Statement of Claim dated 27 June 2013 is dismissed. (2)Plaintiff to pay the defendant's costs. Catchwords: ADMINISTRATIVE LAW – judicial review – decision of Independent Commission Against Corruption (the Commission) to decline to investigate plaintiff's complaints – plaintiff seeks orders under s 65 Supreme Court Act 1970 – regard to age of foundational events which were the subject of the plaintiff's complaint – conduct of the Commission in declining to investigate the complaints was reasonable STATUTORY INTERPRETATION – Independent Commission Against Corruption Act 1988 s 20 Legislation Cited: Civil Procedure Act 2005 Independent Commission Against Corruption Act 1988 Uniform Civil Procedure Rules 2005 Cases Cited: Certain Lloyd's Underwriters v Cross [2012] HCA 56 Cunneen v Independent Commission Against Corruption [2014] NSWCA 421 Ex Parte Napier (1852) 18 QB 692 Graham Barclay Oysters Pty Ltd v Ryan [2002] HCA 54; (2002) 211 CLR 540 Hagan v Waterhouse (1991) 34 NSWLR 308 Hagan v Waterhouse [No.2] (1992) 34 NSWLR 400 House v R [1936] HCA 40; (1936) 55 CLR 499 Julius v Bishop of Oxford (1880) 5 App Cas.214 Minister for Immigration and Citizenship v Li [2013] HCA 18 Minister for Immigration and Multicultural Affairs v Eshetu [1999] HCA 21; (1999) 197 CLR 611 Plaintiff M61/2010E v Commonwealth of Australia; ; Plaintiff M69 of 2010 v Commonwealth of Australia [2010] HCA 41 R v War Pensions Entitlement Appeal Tribunal [1933] HCA 30; (1933) 50 CLR 228 Reg v Commissioner of Police of the Metropolis; Ex Parte Blackburn [1968] 2 QB 118 Waterhouse v Independent Commission Against Corruption [2014] NSWSC 424 Waterhouse v Independent Commission Against Corruption (No.2) [2014] NSWSC 1515 Texts Cited: Not Applicable Category: Principal judgment Parties: Martin Otto Waterhouse (P) Independent Commission Against Corruption (D) Representation: Counsel: In person (P) N J Beaumont SC / N F Case (D)