NTD8 v Australian Crime Commission (No 1a) [2008] FCA 1042

NTD8 v Australian Crime Commission (No 1a) [2008] FCA 1042

The objection to receipt of Mr Anderson's affidavit is rejected because, under established principles and circumstances, a decision-maker may supplement reasons with additional evidence at the hearing of judicial review, even if discovery processes, not statutory entitlements, led to provision of the statement of reasons.

Jurisdiction
Australia
Judgment Date
30 June 2008
Procedural Posture
Judicial Review / Interlocutory Application
Outcome
Objection dismissed; affidavit allowed
Legal Topics
['judicial Review' 'statement of Reasons' 'discovery of Documents' 'supplementary Reasons' 'australian Crime Commission Act' 'administrative Decisions (judicial Review) Act']
['administrative Law'] ['judicial Review' 'statement of Reasons' 'discovery of Documents' 'supplementary Reasons' 'australian Crime Commission Act' 'administrative Decisions (judicial Review) Act']

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Procedural Posture

Judicial Review / Interlocutory Application

Legal Issues

  1. 1 ["Whether Mr Anderson's affidavit can be relied upon as evidence supplementing the statement of reasons for issuing a s 29 Notice under the ACC Act"]

Ratio Decidendi

The objection to receipt of Mr Anderson's affidavit is rejected because, under established principles and circumstances, a decision-maker may supplement reasons with additional evidence at the hearing of judicial review, even if discovery processes, not statutory entitlements, led to provision of the statement of reasons.

Court Disposition

Objection dismissed; affidavit allowed

Orders

  • ['The respondent may rely upon the affidavit of Mr Jeffrey Philip Anderson, sworn on 26 June 2008 in these proceedings.']