Duncan v Ipp [2013] NSWCA 189

Duncan v Ipp [2013] NSWCA 189

Granting leave to appeal but dismissing the appeal: On the facts, a fair-minded observer would not find a logical connection between the conduct of the Commissioner of the ICAC—including interactions with the Executive, provision of advice, and communications regarding the operation of the inquiry—and the possibility that the Commissioner might have failed to bring an impartial and unprejudiced mind to the investigation. The Commissioner's actions were consistent with the Commission’s statutory functions and did not demonstrate a closed mind as to the existence of corrupt conduct.

Jurisdiction
Australia
Judgment Date
25 June 2013
Procedural Posture
Leave to Appeal and Appeal / Court of Appeal Decision on Leave and Substantive Appeal
Outcome
Leave to appeal granted; appeal dismissed with costs
Legal Topics
['apprehended Bias' 'pre Judgment' 'icac' 'reasonable Apprehension of Bias' 'application of Test to Investigatory Body']
['administrative Law'] ['apprehended Bias' 'pre Judgment' 'icac' 'reasonable Apprehension of Bias' 'application of Test to Investigatory Body']

Case Brief

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Procedural Posture

Leave to Appeal and Appeal / Court of Appeal Decision on Leave and Substantive Appeal

Legal Issues

  1. 1 ['Whether the primary judge correctly applied the test for apprehended bias' "Whether the Commissioner's conduct gave rise to a reasonable apprehension of bias by way of pre-judgment" 'Whether there was a logical connection between the conduct of the Commissioner and a possibility of bias' "Whether communication between the Commissioner and Executive/Government Departments, and Commissioner's advice, gave rise to apprehended bias"]

Ratio Decidendi

Granting leave to appeal but dismissing the appeal: On the facts, a fair-minded observer would not find a logical connection between the conduct of the Commissioner of the ICAC—including interactions with the Executive, provision of advice, and communications regarding the operation of the inquiry—and the possibility that the Commissioner might have failed to bring an impartial and unprejudiced mind to the investigation. The Commissioner's actions were consistent with the Commission’s statutory functions and did not demonstrate a closed mind as to the existence of corrupt conduct.

Court Disposition

Leave to appeal granted; appeal dismissed with costs

Orders

  • ['Leave to appeal granted' 'Appeal dismissed with costs']