Waterhouse v Independent Commission Against Corruption (No 3) [2016] NSWCA 134

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Waterhouse v Independent Commission Against Corruption (No 3) [2016] NSWCA 134 Hearing dates: 1 June 2016 Decision date: 15 June 2016 Before: Basten JA Decision: Application for recusal declined. Catchwords: BIAS – apprehended bias – application for disqualification of judge – application based on association with decision-maker who was a former member of the Court Cases Cited: Johnson v Johnson (2000) 201 CLR 488; [2000] HCA 48 Waterhouse v Independent Commission Against Corruption (No 2) [2016] NSWCA 133 Category: Procedural and other rulings Parties: Martin Otto Waterhouse (Applicant) Independent Commission Against Corruption (Respondent) Representation: Counsel: Applicant self-represented P D Herzfeld (Respondent)

Solicitors: Waterhouse Solicitors (Applicant) Lea Armstrong, Crown Solicitor (Respondent) File Number(s): CA 2015/113041 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Common Law Division Citation: [2014] NSWSC 424; [2015] NSWSC 261 Date of Decision: 2 April 2014; 2 April 2015 Before: Garling J File Number(s): SC 2013/86239

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]