NuCoal Resources Limited v Independent Commission Against Corruption [2015] NSWSC 1400

Supreme Court New South Wales

Medium Neutral Citation: NuCoal Resources Limited v Independent Commission Against Corruption [2015] NSWSC 1400 Hearing dates: 27 October 2014 Date of orders: 24 September 2015 Decision date: 24 September 2015 Jurisdiction: Common Law Before: Rothman J Decision: (1) Summons dismissed;

(2) The plaintiff shall pay the costs of and incidental to the defendant;

(3) The parties are at liberty to apply for any special order as to costs. Such application may be made by a submission of no more than 3 pages and is to be filed within 7 days of the date of this judgment. Any other party affected by any application for a different or special order for costs may respond to such submission within a further 7 days. The issue will be dealt with on the basis of the submissions filed. Catchwords: ADMINISTRATIVE LAW – judicial review – Independent Commission against Corruption Act 1998 s 73(2) – whether Commission failed to investigate fully in making recommendation Legislation Cited: Independent Commission Against Corruption Act 1988 Mining Amendment (ICAC Operations Jasper and Acacia) Act 2014 Cases Cited: Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 Attorney-General (NSW) v Quin [1990] HCA 21; (1990) 170 CLR 1 Beale v Government Insurance Office (NSW) (1997) 48 NSWLR 430 Craig v State of South Australia [1995] HCA 58; (1995) 184 CLR 163 D'Amore v Independent Commission Against Corruption [2013] NSWCA 187 Independent Commission Against Corruption v Cunneen [2015] HCA 14; (2015) 89 ALJR 475 Hot Holdings Pty Ltd v Creasy (1996) 185 CLR 149 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 24 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Public Service Association (SA) v Federated Clerks' Union of Australia [1991] HCA 33; (1991) 173 CLR 132 Swift v SAS Trustee Corporation [2010] NSWCA 182 Category: Principal judgment Parties: NuCoal Resources NL (Plaintiff) Independent Commission Against Corruption (Defendant) Representation: Counsel: N Williams/with J. Hoyle (Plaintiff) G. Watson SC/ with J. Emmett (Defendant)