Bradbery v Hay [2011] NSWSC 623

Bradbery v Hay [2011] NSWSC 623

The failure to state the occupations of the two attesting witnesses, and the failure of the petition to adequately set out the facts relied upon to invalidate the election, are breaches of mandatory statutory requirements. These defects render the Amended Petition invalid, and it must be dismissed. No amendment may be made after the expiry of the statutory period.

Parties
Petitioner: Gordon Bradbery; First Respondent: Noreen Hay; Second Respondent: Electoral Commissioner of New South Wales
Jurisdiction
Australia
Judgment Date
27 June 2011
Procedural Posture
Election Petition / Application for Summary Dismissal of Amended Petition
Outcome
Amended Petition dismissed
Legal Topics
Requirements of Election Petitions, Non Compliance With Formal Requisites, Summary Dismissal, Election Invalidity
Electoral Law Requirements of Election Petitions Non Compliance With Formal Requisites Summary Dismissal Election Invalidity

Case Brief

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Parties

Gordon Bradbery

Petitioner

Noreen Hay

First Respondent

Electoral Commissioner of New South Wales

Second Respondent

Procedural Posture

Election Petition / Application for Summary Dismissal of Amended Petition

Legal Issues

  1. 1 Whether failure to state occupations of attesting witnesses renders petition invalid
  2. 2 Whether facts relied upon to invalidate the election are adequately stated in the petition
  3. 3 Whether amendment is possible after 40 days from return of writ

Ratio Decidendi

The failure to state the occupations of the two attesting witnesses, and the failure of the petition to adequately set out the facts relied upon to invalidate the election, are breaches of mandatory statutory requirements. These defects render the Amended Petition invalid, and it must be dismissed. No amendment may be made after the expiry of the statutory period.

Court Disposition

Amended Petition dismissed

Orders

  • Amended Petition dismissed