Knightsbridge North Lawyers Pty Ltd v State of New South Wales (No 2) [2019] NSWSC 45

Supreme Court New South Wales

Medium Neutral Citation: Knightsbridge North Lawyers Pty Ltd v State of New South Wales (No 2) [2019] NSWSC 45 Hearing dates: 14 November 2018, 22 November 2018 and 14 December 2018 Date of orders: 06 February 2019 Decision date: 06 February 2019 Jurisdiction: Common Law Before: Schmidt J Decision: (1) The summons is dismissed.

(2) Unless the parties approach to be heard within 14 days, Knightsbridge is to bear the first and second defendants' costs, as agreed or assessed. Catchwords: ADMINISTRATIVE LAW – Judicial review – Whether appointments of the Chief Commissioner and Commissioners of ICAC invalid – s 64A Independent Commission Against Corruption Act 1988 (NSW) – Consequence of failing to make a written referral of the appointment of the Chief Commissioner to Parliamentary Joint Committee after Independent Commission Against Corruption Amendment Act 2016 (NSW) came into force – Whether s 64A required Joint Committee to consider referred appointments for at least a day before making and communicating its decision and appointments being made – Consequence of consultation required by s 5(2) of the Independent Commission Against Corruption Amendment Act being undertaken before Chief Commissioner appointed – appointments valid - application dismissed – costs

STATUTORY INTERPRETATION - Transitional provisions – Whether clause 19A of the Amendment (Commissioners) Regulation 2017 (NSW) valid – Whether clause 19A "of a savings or transitional nature" – Effect of s 26 of the Interpretation Act 1987 (NSW) – regulation valid

EVIDENCE — Relevance – Opinion required by s 7(c) of the Subordinate Legislation Act 1995 (NSW) – presumption of validity – s 45 Interpretation Act and s 9(1) Subordinate Legislation Act – opinion not relevant