McGuirk v Independent Commission Against Corruption [2008] NSWCA 302

McGuirk v Independent Commission Against Corruption [2008] NSWCA 302

Section 9 of the FOI Act exempts ICAC from the operation of the Act in relation to its relevant functions, and the Tribunal and Simpson J were correct in construing the Act accordingly; no substantial argument supports an alternative construction on appeal; no error in costs discretion justifies leave to appeal.

Parties
Applicant: Gerard Michael McGuirk; Opponent: Independent Commission Against Corruption
Jurisdiction
Australia
Judgment Date
03 November 2008
Procedural Posture
Application for Leave to Appeal / Leave to Appeal to Court of Appeal From Single Judge Decision
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
Freedom of Information Act, Costs Orders, Exempt Documents, Discretion to Grant Leave
Administrative Law Freedom of Information Act Costs Orders Exempt Documents Discretion to Grant Leave

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Parties

Gerard Michael McGuirk

Applicant

Independent Commission Against Corruption

Opponent

Procedural Posture

Application for Leave to Appeal / Leave to Appeal to Court of Appeal From Single Judge Decision

Legal Issues

  1. 1 Whether s 9 of the Freedom of Information Act 1989 exempts ICAC from the operation of the Act regarding certain functions
  2. 2 Whether the Tribunal or Appeal Panel erred in construing s 9 and the definition of 'exempt document'
  3. 3 Whether costs order imposed was an improper exercise of discretion

Ratio Decidendi

Section 9 of the FOI Act exempts ICAC from the operation of the Act in relation to its relevant functions, and the Tribunal and Simpson J were correct in construing the Act accordingly; no substantial argument supports an alternative construction on appeal; no error in costs discretion justifies leave to appeal.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • Application for leave to appeal dismissed with costs.