McCloy v Latham [2015] NSWSC 1879

McCloy v Latham [2015] NSWSC 1879

None of the grounds individually or cumulatively establish a reasonable apprehension of bias on the part of the Commissioner. The conduct complained of does not show that the Commissioner's mind was closed to persuasion. The application for relief on grounds of apprehended bias must fail and is dismissed.

Jurisdiction
Australia
Judgment Date
10 December 2015
Procedural Posture
Judicial Review Summons / Final Judgment
Outcome
Summons dismissed with costs
Legal Topics
['judicial Review' 'apprehended Bias' 'procedural Fairness' 'natural Justice' 'icac Proceedings' 'inquisitorial Process' 'statutory Interpretation']
['administrative Law'] ['judicial Review' 'apprehended Bias' 'procedural Fairness' 'natural Justice' 'icac Proceedings' 'inquisitorial Process' 'statutory Interpretation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Judicial Review Summons / Final Judgment

Legal Issues

  1. 1 ["Whether the conduct of the Commissioner and/or Counsel assisting could give rise to a reasonable apprehension of bias in the ICAC's Operation Spicer investigation regarding Mr McCloy." 'Whether the cumulative effect of incidents and conduct before and during public inquiry would found an apprehension of bias.']

Ratio Decidendi

None of the grounds individually or cumulatively establish a reasonable apprehension of bias on the part of the Commissioner. The conduct complained of does not show that the Commissioner's mind was closed to persuasion. The application for relief on grounds of apprehended bias must fail and is dismissed.

Court Disposition

Summons dismissed with costs

Orders

  • ['Further amended summons dismissed with costs.' 'Exhibits to be returned.']