Waterhouse v Independent Commission Against Corruption (No 2) [2016] NSWCA 133

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Waterhouse v Independent Commission Against Corruption (No 2) [2016] NSWCA 133 Hearing dates: 1 June 2016 Decision date: 15 June 2016 Before: Basten JA, Ward JA, Gleeson JA Decision: (1) Dismiss the applicant's motion of 23 February 2016 and order the applicant to pay the respondents' costs of the motion.

(2) Grant the applicant leave to appeal from the judgment of Garling J delivered in the Common Law Division on 4 April 2015 on the grounds identified in the draft notice of appeal filed on 7 December 2015.

(3) Deem the draft notice of appeal filed on 7 December 2015 to be the notice of appeal and otherwise dispense with the requirements of the rules with respect to service of a notice of appeal.

(4) Dismiss the appeal.

(5) Order the applicant to pay the respondent's costs of the application for leave to appeal and the appeal. Catchwords: ADMINISTRATIVE LAW – judicial review – decision of Independent Commission Against Corruption not to investigate complaint – whether refusal of Commission to investigate complaint unreasonable – whether Commission's failure to file a verified defence amounted to admission as to truth of allegations – whether supervisory jurisdiction of Court extends to ordering Commission to investigate allegations

BIAS – apprehended bias – application that all judges of Supreme Court of New South Wales recuse themselves – association with colleagues who had acted in litigation in which claimant unsuccessful – whether a fair-minded observer might think that such an association might preclude judicial impartiality