The Education Directorate’s Katy Haire took the ACT Integrity Commission to the Supreme Court. Photo: Screenshot.
The former head of the ACT Education Directorate, Katy Haire, dropped her court case against the ACT Integrity Commission last year, according to a recently released decision.
Last May, it was revealed that Ms Haire had gone to the ACT Supreme Court to ask for a judicial review of decisions made during Operation Kingfisher.
This investigation looked at the recommendations and decisions made by Education Directorate officials regarding the awarding of a contract for the Campbell Primary School Modernisation Project in 2019 and 2020.
The Supreme Court’s Justice David Mossop said the conduct of Ms Haire, the directorate’s director-general at the time, was being scrutinised as she made the final decision relevant to the investigation.
This was that the government should sign a contract with Lendlease Building Pty Ltd for certain works rather than with another company.
In 2023, Ms Haire launched her Supreme Court case, seeking a judicial review of Commissioner Michael Adams KC’s decision not to recuse himself over an alleged apprehension of bias.
She also sought a review of decisions that allegedly stopped her cross-examining an important witness, known by the pseudonym ‘John Green’, during the investigation’s public hearings.
The matter was listed for hearing in late 2024, but in September Ms Haire filed an application to discontinue the proceedings. The parties consented to this the following month, with costs to be determined.
The ACT Integrity Commission’s public hearings for Operation Kingfisher finished last year. Photo: Supplied.
Ms Haire said after she began the proceedings, she was granted leave to cross-examine ‘Mr Green’ in December 2023 during the public hearings.
She asked Justice Mossop to grant her legal costs, partly as she claimed she had been largely successful in obtaining the relief she originally sought.
The Integrity Commission claimed it had not surrendered or capitulated, but continued the investigation despite the pending proceedings.
It and Mr Adams said they should be granted their legal costs of the court proceedings.
Justice Mossop’s decision on legal costs, which also stated Ms Haire had discontinued her case, was published this week.
The judge said it was not possible to characterise what occurred as involving either success for Ms Haire or capitulation by the commission and Mr Adams.
“Further, the proceedings cannot be characterised as having been hopeless or unreasonably brought,” he said.
“Rather, having regard to their respective interests, the conduct of both plaintiff and defendants can be characterised as reasonable.”
Justice Mossop said in those circumstances, he would not make an order about costs.
Operation Kingfisher’s report has not yet been handed to the ACT Legislative Assembly.
The investigation’s public hearings began in August 2023 and finished in July 2024. It centred on why the tender for the multi-million dollar project was awarded to Lendlease when Manteena was identified as the preferred tenderer.
This was also despite Manteena offering to complete the project for almost $900,000 less than Lendlease.
In May 2024, then-Attorney General Shane Rattenbury said the ACT Government was paying for Ms Haire’s legal costs in the Supreme Court matter.
