Burston -v- Cosh & ors [2000] NSWADT 91

Burston -v- Cosh & ors [2000] NSWADT 91

The Electoral Commissioner has interests likely to be affected by the proceedings concerning the administration of the election and complaints raised regarding conduct and potential breaches of duty, and thus should remain a party under s 67(4) of the ADT Act.

Parties
Applicant: Brian Burston; Respondent: Claire Cosh; Respondent: Catherine Parsons; Respondent: Jeff Maybury; Respondent: State Electoral Commissioner
Jurisdiction
Australia
Judgment Date
07 July 2000
Procedural Posture
Original Application / Preliminary Matter
Outcome
Electoral Commissioner remains a respondent
Legal Topics
Standing, Joinder of Parties, Elections, Procedural Fairness
Administrative Law Local Government Law Election Law Standing Joinder of Parties Elections Procedural Fairness

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Parties

Brian Burston

Applicant

Claire Cosh

Respondent

Catherine Parsons

Respondent

Jeff Maybury

Respondent

State Electoral Commissioner

Respondent

Procedural Posture

Original Application / Preliminary Matter

Legal Issues

  1. 1 Whether the State Electoral Commissioner should remain a respondent in proceedings under s 329 of the Local Government Act 1993 for dismissal of civic officers due to alleged irregularities in election.

Ratio Decidendi

The Electoral Commissioner has interests likely to be affected by the proceedings concerning the administration of the election and complaints raised regarding conduct and potential breaches of duty, and thus should remain a party under s 67(4) of the ADT Act.

Court Disposition

Electoral Commissioner remains a respondent

Orders

  • The decision to join the Electoral Commissioner as a party to these proceedings is affirmed.