Knightsbridge North Lawyers Pty Limited v Independent Commission Against Corruption [2018] NSWSC 387

Supreme Court New South Wales

Medium Neutral Citation: Knightsbridge North Lawyers Pty Limited v Independent Commission Against Corruption [2018] NSWSC 387 Hearing dates: 21 – 23 March 2018 Date of orders: 23 March 2018 Decision date: 23 March 2018 Jurisdiction: Common Law - Administrative Law Before: Fagan J Decision: 1. The summons filed on 21 March 2018 is dismissed. 2. The plaintiff is to pay the defendant's costs of the proceedings. Catchwords: ADMINISTRATIVE LAW – judicial review – Independent Commission Against Corruption (ICAC) – decision to hold public inquiry – ICAC Act 1988 (NSW), s 31 – decision to investigate matters – ICAC Act 1988 (NSW), s 20 – no jurisdictional error – prerequisites for decision-making under ss 20 and 31 of the ICAC Act – whether matters proposed to be investigated must be serious and/or systemic corrupt conduct – relevant and irrelevant considerations – whether consideration of degree of seriousness of impugned conduct is mandatory – whether consideration of potential impact of decision upon pending civil proceedings is mandatory – whether decisions unreasonable – summons dismissed Legislation Cited: Aboriginal Land Rights Act 1983 (NSW) Crimes Act 1900 (NSW) Independent Commission Against Corruption 1988 (NSW) Cases Cited: Daniels Corporation International Pty Limited v ACCC (2002) 213 CLR 543 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 Potter v Minehan (1908) 7 CLR 277 Category: Principal judgment Parties: Knightsbridge North Pty Limited (plaintiff) Independent Commission Against Corruption (defendant) Representation: Counsel: Ms Bridie Nolan (plaintiff) Mr Scott Robertson (defendant)