Page:Berejiklian v Independent Commission Against Corruption.pdf/1

	Court of Appeal Supreme Court New South Wales
Medium Neutral Citation:	Berejiklian v Independent Commission Against Corruption [2024] NSWCA 177
Hearing dates:	26–27 February 2024
Date of orders:	26 July 2024
Decision date:	26 July 2024
Before:	Bell CJ and Meagher JA at [1]; Ward P at [311]
Decision:	Amended Summons dismissed with costs.
Catchwords:	ADMINISTRATIVE LAW — judicial review of "serious corrupt conduct" findings made by Independent Commission Against Corruption against former Premier — where Commission's report adopted findings of credibility made by person who presided at public inquiries — where the appointment of the person who presided at public inquiries as an Assistant Commissioner expired after conclusion of those public inquiries and that person appointed as a consultant and accordingly officer of Commission prior to report being finalised — whether assistance of presiding officer as consultant in preparation of report outside limits of her authority — whether Commission could adopt credibility assessments made by presiding officer after her appointment as Assistant Commissioner had expired ADMINISTRATIVE LAW — judicial review of "serious corrupt conduct" findings made by Independent Commission Against Corruption against former Premier — whether "no evidence" to support finding applicant influenced by her private interest in maintaining close personal relationship — whether non-pecuniary personal relationship capable of being "private interest" giving rise to conflict of interest and public duty — whether applicant as parliamentarian and Minister of the Crown had legally enforceable positive duty to act only according to what she