Amalgamated Union of New South Wales v Industrial Relations Secretary of New South Wales [2021] NSWCA 64 at [70] (Bathurst CJ, Bell P, Leeming JA)). In any event, none of this involves substituting a court's view as to the factual merits of a decision for that of the decision-maker (Li at [66] (Hayne, Kiefel and Bell JJ), citing Quin at 36–37).
Brief overview of factual background
Mr Maguire and the ACTA and RCM funding proposals
8 At the relevant times, Mr Maguire was and regarded himself as the "principal proponent" within the State government of the ACTA and RCM funding proposals (Report at [11.3]). In the case of ACTA, by January 2016 funding was sought to build a new clubhouse/national administration office complex on ACTA's national clay target shooting ground in Wagga Wagga ([11.23]). In early December 2016, the applicant as Treasurer approved this funding request being included on the agenda for the Expenditure Review Committee (ERC) meeting on 14 December 2016. At that meeting, a grant of $5.5 million to ACTA was approved unanimously. The Commission made factual findings that, subsequently, Ms Berejiklian "caus[ed] steps to be taken by staff from her office to follow up on the progress" of that proposal ([11.460.4]).
9 In relation to RCM, by August 2015 funding was sought for the construction of a new conservatorium of music, initially on an area of council land in Wagga Wagga, and later on a government-owned site in that city ([12.6]-[12.13]). In February 2017, RCM submitted a further proposal for its relocation to the government-owned site and refurbishment of existing buildings on that site (together referred to as RCM Stage 1); and for the later demolition of two buildings on that site and the construction of a new wing containing a recital hall and commercial facilities (together referred to as RCM Stage 2) ([12.21]).
10 On 12 April 2018, the ERC, attended by the applicant as Premier, approved the transfer of the government-owned site to "Arts NSW" for the purpose of relocating RCM there ([12.84]). On 24 April 2018, the ERC endorsed grant funding of $10 million to RCM for the purpose of refurbishing and repurposing that site ([12.90]). In late August 2018, in the context of the election campaign preceding the by-election in Wagga Wagga in September 2018 (resulting from Mr Maguire's resignation from Parliament), the applicant as Premier and the then Treasurer, Mr Perrottet, agreed to a funding reservation of up to $20 million for the construction of the recital hall component of RCM Stage 2 ([12.136]–[12.137]).
The "close personal relationship"
11 The Commission found that Ms Berejiklian and Mr Maguire were in a "close personal relationship" which ended in September 2020. The Commission found that this relationship, being "one of mutual love and a mutual close emotional connection", had
