Johnston v The Greens NSW [2019] NSWSC 215

Johnston v The Greens NSW [2019] NSWSC 215

The constitution and preselection rules of The Greens NSW do not require a recount when a preselected candidate becomes ineligible, resigns or dies after the ratification of the ballot by the State Delegates Council. The proper construction is that the ticket order remains as originally determined, omitting the ineligible candidate and moving subsequent candidates up. The Court will not interfere where the internal rules are clear and sufficient. Even had there been doubt, the short timeframe before statutory deadlines and the plaintiffs’ delay would justify on discretionary grounds the refusal of relief.

Jurisdiction
Australia
Judgment Date
06 March 2019
Procedural Posture
Principal Judgment / Final Determination Summons Dismissed
Outcome
Plaintiffs' summons dismissed
Legal Topics
['interpretation of Association Constitutions' 'electoral Law' 'preselection Disputes' 'internal Management of Registered Parties']
['associations and Clubs' 'equity'] ['interpretation of Association Constitutions' 'electoral Law' 'preselection Disputes' 'internal Management of Registered Parties']

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Procedural Posture

Principal Judgment / Final Determination Summons Dismissed

Legal Issues

  1. 1 ['Whether the constitution of The Greens NSW required a recount of preselection votes after a candidate resigned/become ineligible' 'Whether the Court should interfere in the internal management of The Greens NSW under the relevant statutes']

Ratio Decidendi

The constitution and preselection rules of The Greens NSW do not require a recount when a preselected candidate becomes ineligible, resigns or dies after the ratification of the ballot by the State Delegates Council. The proper construction is that the ticket order remains as originally determined, omitting the ineligible candidate and moving subsequent candidates up. The Court will not interfere where the internal rules are clear and sufficient. Even had there been doubt, the short timeframe before statutory deadlines and the plaintiffs’ delay would justify on discretionary grounds the refusal of relief.

Court Disposition

Plaintiffs' summons dismissed

Orders

  • ["Order that the plaintiffs' summons be dismissed." 'Court will hear the parties on the issue of costs.']