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Former banker fails in attempt to prevent his involvement in banking inquiry
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High Court, in judicial review proceedings, refuses to quash a "notice of inquiry" served by the respondent on the applicant, as a prominent former banker and a proposed subject of the respondent's investigation into certain banking practices from 2004-2008, finding that much of the applicant’s claim is an attempt to pre-empt in advance issues before the inquiry which may either never arise, or must first be the subject of determination by the inquiry itself, and that the applicant has not satisfied the court that there is any unfairness inherent in the inquiry process to which he is subject.
Judicial review - application for certiorari and declaratory relief - service by respondent of "notice of inquiry" on applicant - whether such service ultra vires the respondent's powers under banking legislation - whether such notice should be quashed - applicant as former chief executive of bank prior to his retirement in 2009 - respondent's investigation into former bank's practices - administrative sanctions - correspondence between parties regarding applicant's role in investigation - legislative framework - whether applicant "concerned in management of bank" - statutory interpretation - settlement - "double-construction" rule - administration of justice - statutory construction - whether a real risk applicant will not receive a fair hearing - delay - lack of specific prejudice pleaded - publicity - attempt to pre-empt in advance certain substantive issues with which such an inquiry is concerned - application dismissed.
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