Duncan v The Honourable David Andrew Ipp AO QC and Ors [2013] NSWSC 314

Duncan v The Honourable David Andrew Ipp AO QC and Ors [2013] NSWSC 314

The actions of the Commissioner, assessed in the context of the broad investigatory and inquisitorial powers and functions conferred by the Independent Commission Against Corruption Act, did not provide a logical or reasonable basis for a fair minded lay observer to apprehend that the Commissioner might have prejudged the issues to the detriment of the plaintiff. There was no identified logical connection between the Commissioner's conduct and a feared deviation from impartial determination of the matters under investigation.

Parties
Plaintiff: Travers William Duncan; First Defendant: The Honourable David Andrew Ipp AO QC; Second Defendant: Independent Commission Against Corruption; Third Defendant: Attorney General of NSW
Jurisdiction
Australia
Judgment Date
10 April 2013
Procedural Posture
Summons (civil) / Judgment on Interlocutory Injunctive Application
Outcome
Plaintiff's summons dismissed
Legal Topics
Natural Justice, Rule Against Bias, Apprehended Bias, Procedural Fairness, Independent Commission Against Corruption
Administrative Law Natural Justice Rule Against Bias Apprehended Bias Procedural Fairness Independent Commission Against Corruption

Case Brief

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Parties

Travers William Duncan

Plaintiff

The Honourable David Andrew Ipp AO QC

First Defendant

Independent Commission Against Corruption

Second Defendant

Attorney General of NSW

Third Defendant

Procedural Posture

Summons (civil) / Judgment on Interlocutory Injunctive Application

Legal Issues

  1. 1 Whether a fair minded and informed observer might reasonably apprehend that the ICAC Commissioner might have failed to bring an impartial and unprejudiced mind to the matters under investigation (apprehended bias) in Operation Jasper.

Ratio Decidendi

The actions of the Commissioner, assessed in the context of the broad investigatory and inquisitorial powers and functions conferred by the Independent Commission Against Corruption Act, did not provide a logical or reasonable basis for a fair minded lay observer to apprehend that the Commissioner might have prejudged the issues to the detriment of the plaintiff. There was no identified logical connection between the Commissioner's conduct and a feared deviation from impartial determination of the matters under investigation.

Court Disposition

Plaintiff's summons dismissed

Orders

  • The Summons is dismissed.
  • The plaintiff is to pay the Attorney-General's costs of the application.