Case Report: DUNCAN V. Impellant Corruption

COURT VISIT REPORT

DUNCAN v INDEPENDENT COMMISSION AGAINST CORRUPTION (S101/2015)

Court from which cause removed: New South Wales Court of Appeal

Date cause removed: 25 May 2015

Between:

The TRAVERS WILLIAM DUNCAN (Appellant) and INDEPENDENT COMMISSION AGAINST CORRUPTION (Respondent).

The responding persons are:

FRENCH (Chief Justice)

KIEFEL (Justice)

BELL (Justice)

GAGELER (Justice)

KEANE (Justice)

NETTLE (Justice)

GORDON (Justice)

And the lawyer from the appellant is Mr. N.C. HUTLEY, SC

Introduction

Mr. Travers Duncan is a substantial shareholder in Cascade Coal Pty Ltd (“Cascade”), a company of which he was a director from February to July 2009. In June 2009, following expressions of interest to the New South Wales Department of Primary Industries, Cascade was selected to receive a coal exploration license for an area known as Mount Penny.

Findings made by ICAC in its report included that Mr. Duncan and the other directors of Cascade had engaged in corrupt conduct within the meaning of the Independent Commission Against Corruption Act 1988 (NSW) (“the Act”). That conduct was the taking of steps to deceive public authorities as to the involvement of the Obeid family in the creation of the Mount Penny tenement.

Mr. Duncan commenced Supreme Court proceedings, seeking a declaration that the finding of corrupt conduct on his part was a nullity because, in making it, ICAC had exceeded its jurisdiction. On 29 July 2014 Justice McDougall dismissed Mr. Duncan’s