Obeid v Independent Commission Against Corruption [2015] NSWSC 1891

Supreme Court New South Wales

Medium Neutral Citation: Obeid v Independent Commission Against Corruption [2015] NSWSC 1891 Hearing dates: 4 December 2015 Date of orders: 14 December 2015 Decision date: 14 December 2015 Jurisdiction: Common Law Before: Davies J Decision: (1) Summons dismissed (2) The Plaintiffs are to pay the Defendants' costs. Catchwords: ADMINISTRATIVE LAW – judicial review – separate proceedings commenced against the Independent Commission Against Corruption and its officers claiming misfeasance in public office – application by plaintiffs to Commissioner for release of documents subject to restrictions from publication – whether release in the public interest - refusal by Commissioner – review of Commissioner's decision - whether Commissioner asked the wrong question in determining the matter – whether plaintiffs denied procedural fairness - whether decision unreasonable – no legislative duty to give reasons - whether error in reasons invalidated decision – no error demonstrated Legislation Cited: Administrative Law Act 1978 (Vic) Legal Profession Uniform Law Application Act 2014 (NSW) Independent Commission Against Corruption Act 1988 (NSW) Cases Cited: A v Independent Commission Against Corruption [2014] NSWCA 414; (2014) 88 NSWLR 240 Buck v Bavone (1976) 135 CLR 110 Gypsy Jokers Inc v Commissioner of Police [2008] HCA 4; (2008) 234 CLR 532 Minister for Immigration, Local Government and Ethnic Affairs v Taveli (1990) 23 FCR 162 O'Sullivan v Farrer (1989) 168 CLR 210 Sherlock v Lloyd [2010] VSCA 122; (2010) 27 VR 434 W A Pines Pty Ltd v Bannerman (1980) 30 ALR 559 Texts Cited: Aronson and Groves Judicial Review of Administrative Action (5th Ed, 2013, Thompson Reuters) Category: Procedural and other rulings Parties: Edward Moses Obeid Snr (First Plaintiff) Moses Edward Obeid (Second Plaintiff) Paul Edward Obeid (Third Plaintiff) Edward Joseph Obeid Jnr (Fourth Plaintiff) Independent Commission Against Corruption (First Defendant) Megan Latham (Second Defendant) David Andrew Ipp (Third Defendant) Geoffrey Maurice Watson (Fourth Defendant) Grant Lockley (Fifth Defendant) Paul Anthony Grainger (Sixth Defendant) Darren John Curd (Seventh Defendant) State of New South Wales (Eighth Defendant) Representation: Counsel: CRC Newlinds SC, S Chrysanthou & A O'Brien (Plaintiffs) J K Kirk SC & A Mitchelmore (First and Second Defendants) P Herzfeld (Third Defendant) D A McLure SC & P Sharp (Fourth Defendant) R S Scruby (Fifth Defendant) S Patterson (Sixth, Seventh & Eighth Defendants)