Atkinson v Independent Commission Against Corruption [2016] NSWCA 194

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Atkinson v Independent Commission Against Corruption [2016] NSWCA 194 Hearing dates: On the papers Decision date: 08 August 2016 Before: Bathurst CJ, Beazley P, Basten JA Decision: (1) Dismiss the applicant's notice of motion dated 5 July 2016.

(2) Order that the applicant pay the Commission's costs of the motion. Catchwords: JUDGMENTS AND ORDERS – amending, varying and setting aside orders – motion to vary orders after judgment delivered – declarations sought as to determinations by Independent Commission Against Corruption – relief not sought at trial or in notice of appeal – variation sought of order as to costs of appeal – Uniform Civil Procedure Rules 2005 (NSW), r 36.16(3A)

COSTS – notice of motion to vary costs order – reduction sought on basis of success on one issue – no justification for awarding costs on issue basis Legislation Cited: Corporations Act 2001 (Cth), s 184 Crimes Act 1900 (NSW), s 192E Independent Commission Against Corruption Act 1988 (NSW), ss 8, 9, 74A Uniform Civil Procedure Rules 2005 (NSW), r 36.16 Cases Cited: Autodesk Inc v Dyason [No 2] (1993) 176 CLR 300 Castle Constructions Pty Limited v Sahab Holdings Pty Ltd [No 2] [2013] HCA 44; 89 ALJR 1159 Duncan v Independent Commission Against Corruption [2016] NSWCA 143 Texts Cited: Independent Commission Against Corruption, Report – Investigation into the Conduct of Ian Macdonald, Edward Obeid Snr, Moses Obeid and Others (July 2013) Category: Procedural and other rulings Parties: John Charles Atkinson (Appellant) Independent Commission Against Corruption (Respondent) Representation: Counsel: Mr D P Robinson SC (Appellant) Mr B Walker SC/Mr S Free/Ms Z Heger (Respondent)