Sullivan v Della Bosca [1999] NSWSC 136

Sullivan v Della Bosca [1999] NSWSC 136

The Rule N.40 challenge failed because there was no local Electorate Council to consult, Rule D.4(e) assigned responsibility to the Administrative Committee where no Electorate Council existed, there was evidence of consultation with parliamentary leadership, and the plaintiff did not prove that Rule N.40(c) or (d) was not satisfied. The Court found that the Berkeley and Warrawong challenges were determined before the poll, but that the Mt. Keira challenges were not shown to have been determined by the Credentials Committee before the election. Nevertheless, declaratory relief was refused because the possible reduction in Mt. Keira delegates could not have affected the result and a...

Jurisdiction
Australia
Judgment Date
03 March 1999
Procedural Posture
Summons Seeking Declaratory Relief Challenging an Australian Labor Party Pre Selection Ballot / Final Hearing
Outcome
Summons dismissed. No order as to costs.
Legal Topics
['declaratory Relief' 'pre Selection Process' 'australian Labor Party Rules' 'credentials Committee Protests' 'discretion to Grant Declaration']
['equity' 'associations and Political Party Rules'] ['declaratory Relief' 'pre Selection Process' 'australian Labor Party Rules' 'credentials Committee Protests' 'discretion to Grant Declaration']

Case Brief

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Procedural Posture

Summons Seeking Declaratory Relief Challenging an Australian Labor Party Pre Selection Ballot / Final Hearing

Legal Issues

  1. 1 ["Whether the Administrative Committee's decision to hold a ballot under Rule N.40 was invalid because there had been no consultation with a local Electorate Council and because the preconditions in Rule N.40(c) or Rule N.40(d) were not shown to exist." 'Whether challenges to delegate numbers and voter eligibility for Berkeley, Warrawong and Mt. Keira branches were determined by the NSW Credentials Committee before the relevant ballot as required by Rule A.37.' 'Whether, despite any failure to determine the Mt. Keira challenges, the Court should exercise its discretion to declare the pre-selection ballot void and without effect.']

Ratio Decidendi

The Rule N.40 challenge failed because there was no local Electorate Council to consult, Rule D.4(e) assigned responsibility to the Administrative Committee where no Electorate Council existed, there was evidence of consultation with parliamentary leadership, and the plaintiff did not prove that Rule N.40(c) or (d) was not satisfied. The Court found that the Berkeley and Warrawong challenges were determined before the poll, but that the Mt. Keira challenges were not shown to have been determined by the Credentials Committee before the election. Nevertheless, declaratory relief was refused because the possible reduction in Mt. Keira delegates could not have affected the result and a...

Court Disposition

Summons dismissed. No order as to costs.

Orders

  • ['Summons be dismissed.' 'No order as to costs.' 'Exhibits can be returned.']