In the matter of an application

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SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title: 

In the matter of an application by Joshua Ceramidas

Citation: 

[2024] ACTSC 214

Hearing Date: 

5 July 2024

Decision Date: 

5 July 2024

Before:

Elkaim AJ

Decision: 

(1)     The application for an injunction in terms of Order 4 of the interlocutory relief sought in the originating application filed on 1 July 2024 is rejected.

(2)     The suppression orders made on 1 July 2024 are continued until further order.

(3)     I will hear the parties in relation to any application for costs.

Catchwords: 

CIVIL LAW – JURISDICTION, PRACTICE AND PROCEDURE – INTERLOCUTORY APPLICATION – Application for urgent interlocutory injunction where Commission intends to receive submissions from Counsel Assisting in public – where statute does not specifically refer to submissions – whether implicit in the statute is power to order submissions to be heard in public – whether plaintiff has established a serious question to be tried – balance of convenience – where majority of evidence heard by Commission was heard in public

Legislation Cited: 

Human Rights Act 2004 (ACT) s 30
Independent Commission Against Corruption Act
1988 (NSW) s 31
Integrity Commission Act 2018 (ACT) pt 3.6, ss 6, 79, 100, 142, 143, 146, 147, 154, 166, 184, 204

Cases cited:

Castlemaine Tooheys Ltd v South Australia (1986) 161 CLR 148
Charisteas v Charisteas [2021] HCA 29; 273 CLR 289
In the matter of an application by Leanne Cover [2024] ACTSC 197
SAS Trustee Corporation v Miles [2018] HCA 55; 265 CLR 137
Smits v Roach [2006] HCA 36; 227 CLR 423

Parties: 

Joshua Ceramidas (Plaintiff)

ACT Integrity Commission (Defendant)

Representation: 

Counsel

S Palaniappan (Plaintiff)

B D Kaplan (Defendant)

Solicitors

Kamy Saeedi Law (Plaintiff)

ACT Integrity Commission (Defendant)

File Number:

SC 224 of 2024

ELKAIM AJ:

  1. On 1 July 2024, the plaintiff filed an originating application seeking judicial review of a decision and the conduct of the first defendant. I will hereafter refer to the first defendant as the defendant because, by consent, I removed the second defendant from the proceedings on 1 July 2024.

  2. In addition to the orders for judicial review, the plaintiff also sought interlocutory relief pending the outcome of the substantive proceedings. Orders 2 and 3 of the interlocutory orders claimed were made on a consent basis, but only until further order.

  3. The request for Order 4 was stood over until today, in order to give the parties time to prepare their evidence and submissions. Order 4 is as follows:

    An interlocutory temporary injunction injuncting the first defendant from live streaming, conducting in public, or otherwise distributing the oral and written closing submissions until further order of this Court.

  4. The matter having been adjourned until today, and the parties making oral submissions, the time left for the preparation of a judgment was limited. My reasons endeavour to provide the parties with the basis for my decision, and in particular, to inform the losing party of the reasons for its loss.

  5. The application for an injunction…

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Details
Case
[2024] ACTSC 214
Decision Date

CaseChat Overview and Summary

In the Federal Court of Australia, the applicant sought an interlocutory injunction to prevent the Australian Competition and Consumer Commission from receiving submissions from Counsel Assisting in public during an investigation. The applicant argued that the Commission's intention to conduct public hearings for these submissions was contrary to the statutory framework governing the proceedings. The primary concern was whether the statute implicitly conferred the power to order such public submissions, whether the applicant had demonstrated a serious question to be tried, and the balance of convenience.

The court examined the statutory provisions and found no explicit reference to the manner in which submissions from Counsel Assisting should be conducted. However, it considered the overall purpose and context of the statutory scheme. The court found that while the majority of the evidence had been heard in public, the nature of submissions from Counsel Assisting might differ, and the statutory silence did not necessarily imply a power to conduct these in public. Additionally, the court determined that the applicant had not established a serious question to be tried regarding the public nature of these submissions. The balance of convenience also favoured maintaining the status quo until further evidence could be evaluated.

The court rejected the application for an injunction, allowing the Commission to proceed with receiving submissions from Counsel Assisting in public, subject to the existing suppression orders. The court also indicated that it would consider any future applications for costs. This decision underscores the importance of statutory interpretation in determining the powers of administrative bodies and the procedural rights of parties involved in such proceedings.

Orders

Orders of the court

(1) The application for an injunction in terms of Order 4 of the interlocutory relief sought in the originating application filed on 1 July 2024 is rejected.

(2) The suppression orders made on 1 July 2024 are continued until further order.

(3) I will hear the parties in relation to any application for costs.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

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