Dainford Limited & Ors v Independent Commission Against Corruption

The applicants, Dainford Limited and others, sought special leave to appeal to the High Court of Australia against a decision of the Independent Commission Against Corruption (ICAC). The dispute concerned the powers of the ICAC, specifically its ability to make findings of corrupt conduct.

The primary legal issue before the High Court was whether the *Independent Commission Against Corruption Act 1988* (NSW) was *ultra vires* the State Parliament in so far as it purported to enable the ICAC to make findings of criminal conduct. This issue arose in light of the High Court's recent decision in *Balog v Independent Commission Against Corruption*.

The applicants contended that the ICAC Act was invalid because it conferred power to make findings of criminal conduct. However, following the *Balog* decision, the applicants conceded that this ground of appeal would not be pursued. The *Balog* decision clarified that the ICAC's powers were limited to those specified in section 74(5) of the Act, which did not extend to making findings of criminal conduct.

Consequently, the applicants indicated they would not proceed with the ground of appeal relating to the ICAC's power to make findings of criminal conduct. The Court was also presented with supplementary material concerning events and correspondence that occurred after the Court of Appeal's decision, which the respondent indicated it had objections to.