Young v Crime and Corruption Commission

[2019] QCA 189

Queensland Court of Appeal

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Interrogate

Catchwords

1. Tort Law
2. › Breach of Statutory Duty
3. › Whether statute confers private right of action
4. › Duties directed to public interest rather than individual protection
5. › Whether complainant a member of protected class
6. › Crime and Corruption Act 2001 (Qld), ss 4, 25, 33, 34, 35, 46
1. Tort Law
2. › Negligence
3. › Duty of care
4. › Statutory authority
5. › Whether investigative body owes duty of care to individual complainant
6. › Crime and Corruption Act 2001 (Qld)
1. Equity
2. › Fiduciary duties
3. › Whether statutory body owes fiduciary duties to individual complainant
4. › Investigative body exercising powers in public interest
1. Practice and Procedure
2. › Pleadings
3. › Striking out
4. › No reasonable cause of action
5. › Whether claim bound to fail
6. › Whether appropriate to permit re-pleading

Quick Take

The Crime and Corruption Act 2001 (Qld) imposes duties on the CCC directed to the public interest, not to the protection of individual complainants. The Act does not confer a private right of action for damages for breach of statutory duty on persons who make complaints to the CCC, even if they are victims of crime or corruption. The CCC does not owe a common law duty of care or fiduciary duties to individual complainants.