D'Amore v Independent Commission Against Corruption [2012] NSWSC 473

D'Amore v Independent Commission Against Corruption [2012] NSWSC 473

The ICAC was entitled to form a state of satisfaction as required by ss 13(3A) and 9(5) of the Independent Commission Against Corruption Act 1988; its findings were not irrational, illogical, or made without evidence, as they were based on circumstantial evidence (claim forms, emails, phone calls, witness credibility). Judicial review did not reveal jurisdictional error; therefore, the plaintiff's claim fails.

Jurisdiction
Australia
Judgment Date
14 May 2012
Procedural Posture
Judicial Review / Principal Judgment
Outcome
Summons dismissed
Legal Topics
['jurisdictional Error' 'judicial Review' 'findings of Corrupt Conduct' 'no Evidence Grounds' 'irrationality in Jurisdictional Fact Finding']
['administrative Law'] ['jurisdictional Error' 'judicial Review' 'findings of Corrupt Conduct' 'no Evidence Grounds' 'irrationality in Jurisdictional Fact Finding']

Case Brief

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Procedural Posture

Judicial Review / Principal Judgment

Legal Issues

  1. 1 ['Whether the states of satisfaction referred to in ss 13(3A) and 9(5) of the Independent Commission Against Corruption Act 1988 are jurisdictional facts' "Whether the Commission's findings of 'corrupt conduct' were affected by jurisdictional error" 'Whether the Commission purported to make findings of jurisdictional fact for which there was no evidence, or no rationally probative evidence']

Ratio Decidendi

The ICAC was entitled to form a state of satisfaction as required by ss 13(3A) and 9(5) of the Independent Commission Against Corruption Act 1988; its findings were not irrational, illogical, or made without evidence, as they were based on circumstantial evidence (claim forms, emails, phone calls, witness credibility). Judicial review did not reveal jurisdictional error; therefore, the plaintiff's claim fails.

Court Disposition

Summons dismissed

Orders

  • ['The summons is dismissed.' "The plaintiff is ordered to pay the defendant's costs."]