Waterhouse v Independent Commission Against Corruption (No 2)

In *Waterhouse v Independent Commission Against Corruption (No 2)*, the Court of Appeal of New South Wales considered an application by the applicant seeking judicial review of the Independent Commission Against Corruption's (ICAC) decision not to investigate a complaint. The applicant also sought the recusal of all judges of the Supreme Court of New South Wales due to alleged associations with colleagues who had previously acted in litigation where the applicant was unsuccessful.

The primary legal issues before the Court of Appeal were whether the ICAC's refusal to investigate the complaint was unreasonable, whether the ICAC's failure to file a verified defence constituted an admission of the allegations, and whether the Court's supervisory jurisdiction extended to ordering the ICAC to investigate. Additionally, the Court had to determine whether the applicant's allegations of actual and apprehended bias, including claims of tampering with audio recordings of court proceedings, could lead a fair-minded observer to conclude that judicial impartiality might be precluded.

The Court of Appeal dismissed the applicant's motion concerning the recusal of judges, finding that the alleged associations did not give rise to a reasonable apprehension of bias. The Court reasoned that the applicant's claims regarding the ICAC's decision not to investigate were not made out, and that the ICAC was not obliged to investigate every complaint received. The Court also held that the absence of a verified defence did not amount to an admission of the truth of the allegations. The Court granted the applicant leave to appeal a prior judgment but ultimately dismissed the appeal.