Waterhouse v Independent Commission Against Corruption [2015] NSWCA 300

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Waterhouse v Independent Commission Against Corruption [2015] NSWCA 300 Hearing dates: 10 September 2015 Decision date: 30 September 2015 Before: Basten JA and Emmett JA at [1]; Sackville AJA at [57] Decision: (1) Dismiss the applicant's notice of motion filed on 19 August 2014.

(2) Order the applicant to pay the costs of the first and second respondents of his motion of 19 August 2014.

(3) Order that the Attorney General be removed as a party from the proceeding.

(4) Order that the applicant pay the costs of the Attorney with respect to the Attorney's motion for removal.

(5) Direct the applicant to file a revised draft notice of appeal limited to grounds 3(ii) and (iii) (first sentence only) and 4(v) and (vii) and proposed orders 1, 3, 4 (subject to deletion of "was prima facie made in bad faith and for improper and illegal purposes" and all the words after "procedural fairness"), 5, 23 and 24.

(6) Refer the application for leave to appeal to a court constituted for the purpose of hearing the application concurrently with the appeal, subject to the limitations identified in order (7) below.

(7) The grounds upon which leave to appeal may be granted, and if granted the appeal considered, are limited to those identified in order (5).

(8) The application for leave to appeal be otherwise dismissed. Catchwords: APPEAL – application for leave to appeal – refusal of relief by way of judicial review – whether arguable case that refusal of respondent to investigate complaint unreasonable – whether arguable case of constructive failure to exercise jurisdiction – whether trial judge arguably erred in dismissing judicial review application on grounds not relied on by respondent – failure of applicant to place relevant material before appeal court – whether leave application should be referred for concurrent hearing on limited grounds