Burston -v- Cosh & ors [2000] NSWADT 163

Burston -v- Cosh & ors [2000] NSWADT 163

The CAST posters were not electoral matter and their proximity to electoral material did not breach regulation 111; the Reform Group travel rort notice was not shown to contain an untrue or incorrect statement and did not breach regulation 109; the Greens advertisement did breach regulation 111 by omitting required authorisation, but that innocent technical breach was not an irregularity in the manner in which the respondent councillors were elected because there was no evidence that it influenced or made uncertain the election result. The requirements for dismissal under s329(2)(a) were therefore not met.

Jurisdiction
Australia
Judgment Date
15 November 2000
Procedural Posture
Application for Dismissal From Civic Office Under S329 of the Local Government Act 1993 / Principal Matter
Outcome
Application dismissed.
Legal Topics
['dismissal From Civic Office' 'election Irregularities' 'local Government Election Advertising' 'authorisation of Electoral Material' 'false Electoral Information']
['local Government Law' 'electoral Law' 'administrative Law'] ['dismissal From Civic Office' 'election Irregularities' 'local Government Election Advertising' 'authorisation of Electoral Material' 'false Electoral Information']

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Procedural Posture

Application for Dismissal From Civic Office Under S329 of the Local Government Act 1993 / Principal Matter

Legal Issues

  1. 1 ["What is the meaning of the word 'irregularity' in sub-section 329(1)(a) of the Local Government Act 1993?" 'Whether the matters complained of, if proven, constituted an irregularity or irregularities in the manner in which the respondent councillors were elected.' 'Whether s329(2) of the Local Government Act 1993 obliged the Tribunal to dismiss the respondent councillors or conferred a discretion.' 'What factors should be taken into account in exercising any discretion under s329(2).']

Ratio Decidendi

The CAST posters were not electoral matter and their proximity to electoral material did not breach regulation 111; the Reform Group travel rort notice was not shown to contain an untrue or incorrect statement and did not breach regulation 109; the Greens advertisement did breach regulation 111 by omitting required authorisation, but that innocent technical breach was not an irregularity in the manner in which the respondent councillors were elected because there was no evidence that it influenced or made uncertain the election result. The requirements for dismissal under s329(2)(a) were therefore not met.

Court Disposition

Application dismissed.

Orders

  • ['That the application be dismissed.']