NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Tsirekas v Independent Commission Against Corruption [2024] NSWSC 1514 Hearing dates: 13 November 2024 Date of orders: 28 November 2024 Decision date: 28 November 2024 Jurisdiction: Common Law Before: R A Hulme AJ Decision: Summons dismissed with costs. Catchwords: ADMINISTRATIVE LAW – judicial review of serious corrupt conduct findings made by Independent Commission Against Corruption – where the person who presided over the hearings did not write the Report – Report not materially affected by errors of law on the basis of apprehended bias where the asserted bias was of a person who was not a decision maker – Report did not involve a denial of procedural fairness where the Commission made credibility findings based on its own assessment of evidence Legislation Cited: Independent Commission Against Corruption Act 1988 (NSW) Royal Commissions Act 1923 (NSW) Cases Cited: Berejiklian v Independent Commission Against Corruption [2024] NSWCA 177 Collector of Customs v Pozzolanic (1993) 43 FCR 280 Director of Public Prosecutions v Smith [2024] HCA 32 Duncan v Ipp [2013] NSWCA 189 Ebner v Official Trustee in Bankruptcy (2001) 205 CLR 337; [2000] HCA 63 Michael Wilson & Partners Limited v Nicholls (2011) 244 CLR 427; [2011] HCA 48 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham [2000] HCA 1; (2000) 74 ALJR 405 QYFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 15; (2023) 97 ALJR 419 Texts Cited: Peter M Hall, Investigating corruption and misconduct in public office: Commissions of Inquiry – powers and procedures (2nd ed, 2019, Lawbook Co.) Category: Principal judgment Parties: Angelo Tsirekas (Plaintiff) Independent Commission Against Corruption (Defendant) Representation: Counsel: C Leggat SC and I King (Plaintiff) J Emmett SC and N Wootton (Defendant)
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