Cunneen and Ors v Independent Commission Against Corruption

Judgment 1HIS HONOUR: Nature of proceedings By summons dated 4 November 2014 the plaintiffs seek orders pursuant to s 69 of the Supreme Court Act 1970 as follows: (1)A declaration that the defendant is exceeding its jurisdiction in conducting an investigation under the Independent Commission Against Corruption Act 1988 (ICAC Act) into the allegations that on 31 May 2014 the first and second plaintiffs, with the intention to pervert the course of justice, counselled the third plaintiff to pretend to have chest pain and that the third plaintiff, with the intention to pervert the course of justice, did pretend to have chest pains to prevent investigating police officers from obtaining evidence of the third plaintiff's blood alcohol level at the scene of a motor vehicle accident (the allegations). (2)A declaration that the decision of the defendant made under s 31 of the Independent Commission Against Corruption Act 1988 (the Act) to hold a public inquiry into the allegations is invalid and a nullity. (3)An order restraining the defendant from continuing to investigate the allegations. (4)An order restraining the defendant from conducting a public inquiry into the allegations under s 31 of the ICAC Act. (5)An interlocutory injunction in terms of Orders (3) and (4) above pending the final determination of these proceedings or until otherwise ordered by the Court. (6)An order that the defendant pay the plaintiffs' costs. (7)Such further or other orders as the Court sees fit to make. 2The grounds upon which that relief is sought are as follows: