Waterhouse v Independent Commission Against Corruption

This matter concerned an application for leave to appeal to the Court of Appeal of New South Wales following the dismissal of a judicial review application by the Supreme Court. The applicant, Mr Waterhouse, sought judicial review of the Independent Commission Against Corruption's (ICAC) refusal to investigate a complaint he had made. The complaint alleged a conspiracy involving politicians and retired judicial officers to cover up corruption. The applicant also sought the recusal of all judges of the Supreme Court of New South Wales on grounds of apprehended bias.

The Court of Appeal was required to determine whether there was an arguable case that the ICAC's refusal to investigate was unreasonable or constituted a constructive failure to exercise its jurisdiction. Further, the Court considered whether the trial judge had arguably erred in dismissing the judicial review application on grounds not relied upon by the respondent. The Court also had to consider whether notices under s 78B of the Judiciary Act 1903 (Cth) were required in relation to the bias allegations, and whether the Attorney General should be joined as a party.

The Court dismissed the applicant's notice of motion, ordering him to pay the costs of the ICAC and the Attorney General. The Court found that the applicant had failed to place relevant material before the appeal court and that the grounds for appeal were significantly limited. The Court directed the applicant to file a revised draft notice of appeal, limiting the grounds to specific sub-paragraphs and proposed orders, and excluding certain allegations. The application for leave to appeal was referred for a concurrent hearing with the appeal, but only on the limited grounds identified. The application for leave to appeal was otherwise dismissed.