Briscoe-Hough v Tegg [2018] NSWCATOD 203

Briscoe-Hough v Tegg [2018] NSWCATOD 203

The Tribunal found the applicant failed to establish an electoral irregularity under s 329 of the Local Government Act 1993 (NSW) that would make the result of the election uncertain. The application was misconceived, lacked evidence, and was outside the Tribunal's power, which does not extend to voiding entire elections. Accordingly, the application was dismissed and costs were awarded against the applicant.

Jurisdiction
Australia
Judgment Date
25 May 2018
Procedural Posture
Application for Dismissal of Councillors for Electoral Irregularities / Final Decision After Hearing, Determination of Costs
Outcome
Application dismissed; costs awarded against applicant.
Legal Topics
['dismissal of Councillors' 'election Irregularities' 'ncat Jurisdiction' 'costs in Ncat' 'election Result Challenges']
['administrative Law' 'local Government Law' 'electoral Law'] ['dismissal of Councillors' 'election Irregularities' 'ncat Jurisdiction' 'costs in Ncat' 'election Result Challenges']

Case Brief

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Procedural Posture

Application for Dismissal of Councillors for Electoral Irregularities / Final Decision After Hearing, Determination of Costs

Legal Issues

  1. 1 ['Whether the applicant proved an electoral irregularity under s 329 of the Local Government Act 1993 (NSW) sufficient to warrant dismissal of elected councillors' 'Whether claims against respondents and the Commissioner were misconceived or lacking in substance' 'Whether costs should be awarded against the applicant']

Ratio Decidendi

The Tribunal found the applicant failed to establish an electoral irregularity under s 329 of the Local Government Act 1993 (NSW) that would make the result of the election uncertain. The application was misconceived, lacked evidence, and was outside the Tribunal's power, which does not extend to voiding entire elections. Accordingly, the application was dismissed and costs were awarded against the applicant.

Court Disposition

Application dismissed; costs awarded against applicant.

Orders

  • ['The application against the NSW Electoral Commissioner is dismissed.' 'The applicant is to pay the costs of the second and third respondent, as agreed or as assessed, save for the costs of appearances at the hearing on 15 February 2018, but including the costs of preparation for that hearing.' 'The applicant is to...