Hanson v Johnston & Ors [2011] NSWSC 621

Hanson v Johnston & Ors [2011] NSWSC 621

The petitioner, having consented to dismissal after the revelation that the evidence relied upon was fabricated, is an unsuccessful party for the purposes of s.172, and is ordered to pay the respondents' costs; the court recommends that both these costs and the petitioner's own costs be paid by the Crown, as the proceedings addressed matters of public interest in election integrity.

Jurisdiction
Australia
Judgment Date
24 June 2011
Procedural Posture
Court of Disputed Returns Election Petition / Final Judgment and Orders
Outcome
Petition dismissed by consent; petitioner ordered to pay costs of three respondents; recommendation that all costs be paid by the Crown.
Legal Topics
['challenge of Election Results' 'costs' 'power to Order Costs Against Third Parties']
['election Law' 'civil Procedure'] ['challenge of Election Results' 'costs' 'power to Order Costs Against Third Parties']

Case Brief

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Procedural Posture

Court of Disputed Returns Election Petition / Final Judgment and Orders

Legal Issues

  1. 1 ['Whether the election results for NSW Legislative Council should be set aside based on alleged irregularities in vote counting' 'Whether costs can be ordered against a third party involved in the proceedings']

Ratio Decidendi

The petitioner, having consented to dismissal after the revelation that the evidence relied upon was fabricated, is an unsuccessful party for the purposes of s.172, and is ordered to pay the respondents' costs; the court recommends that both these costs and the petitioner's own costs be paid by the Crown, as the proceedings addressed matters of public interest in election integrity.

Court Disposition

Petition dismissed by consent; petitioner ordered to pay costs of three respondents; recommendation that all costs be paid by the Crown.

Orders

  • ['By consent the petition is dismissed.' 'The petitioner is ordered to pay the costs of the three respondents.' "Recommendation that the respondents' costs and the petitioner's own costs be paid by the Crown." 'Matter formally referred to the Attorney-General for further investigation.']