Waterhouse v Independent Commission Against Corruption (No 2) [2015] NSWCA 362

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Waterhouse v Independent Commission Against Corruption (No 2) [2015] NSWCA 362 Hearing dates: On the papers Decision date: 23 November 2015 Before: Basten JA, Sackville AJA, Emmett AJA Decision: (1) Dismiss the applicant's notice of motion filed on 12 October 2015.

(2) Order that a revised draft notice of appeal be filed, in accordance with order (5) made on 30 September 2015, no later than 4pm on 15 December 2015.

(3) In the event the applicant fails to comply with order (2) above, so much of the application for leave to appeal as was not dismissed by the orders made on 30 September 2015 will stand dismissed. Catchwords: PRACTICE AND PROCEDURE – application to re-open orders granting the applicant leave to appeal on a limited basis – review of post-judgment directions by Registrar – whether applicant entitled to a hearing in open court – scope of reasons in refusing leave to appeal – limiting time for oral submissions – whether arguable basis for re-opening – whether the Court granting leave acted under misapprehension as to the facts or relevant law – Uniform Civil Procedure Rules 2005 (NSW), r 36.16 Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 57, 61; Pt 6 High Court Rules 2004 (Cth), rr 41.10.1, 41.11.1, 41.11.3 Judiciary Act 1903 (Cth), s 78 Uniform Civil Procedure Rules 2005 (NSW), r 36.16 Cases Cited: Autodesk Inc v Dyason [No 2] (1993) 176 CLR 300 Collins v The Queen (1975) 133 CLR 120 De L v Director-General, New South Wales Department of Community Services [No 2] (1997) 190 CLR 207 Independent Commission Against Corruption v Kinghorn [2015] NSWCA 342 John Fairfax Publications Pty Ltd v District Court of New South Wales (2004) 61 NSWLR 344; [2004] NSWCA 324 Kiama Constructions v Davey (1996) 40 NSWLR 639 Roy Morgan Research Centre Pty Ltd v Commissioner of State of Revenue (Vic) (2001) 207 CLR 72; [2001] HCA 49 La La Land Byron Bay Pty Limited v The Independent Liquor and Gaming Authority [2015] NSWCA 254 Russell v Russell (1976) 134 CLR 495 Southern Cross Exploration NL v Fire and All Risks Insurance Co Ltd [No 2] (1990) 21 NSWLR 200 Waterhouse v Independent Commission Against Corruption [2015] NSWCA 300. Category: Consequential orders (other than Costs) Parties: Martin Otto Waterhouse (Applicant) The Independent Commission Against Corruption (Respondent) Representation: Counsel: Applicant self-represented Ms A Mitchelmore (Respondent)