Briscoe-Hough v Tegg and Ors [2018] NSWCATOD 23

Briscoe-Hough v Tegg and Ors [2018] NSWCATOD 23

The application was dismissed because the applicant did not identify or prove a relevant irregularity connected with the manner in which the first and second respondents were elected, and although the third respondent's Candidate Information Sheet contained an irregularity, the applicant provided no evidence capable of showing that the result of the election was rendered uncertain. The applicant's primary case concerning his own nomination also failed because the alleged irregularity was not specified with precision, no relevant breach of the Act or Regulations was identified, and there was no evidentiary basis for determining that his exclusion from the ballot made the election result...

Jurisdiction
Australia
Judgment Date
22 February 2018
Procedural Posture
Application Under Section 329 of the Local Government Act 1993 for Dismissal From Civic Office / Final Hearing and Determination
Outcome
Leave granted for the Electoral Commissioner to be joined as intervenor; application against all three respondents dismissed; costs reserved.
Legal Topics
['election of Councillors' 'irregularities in Nomination Forms' 'dismissal From Civic Office' 'candidate Information Sheets' 'nomination Withdrawal' 'costs Reserved']
['local Government' 'electoral Law' 'administrative Law'] ['election of Councillors' 'irregularities in Nomination Forms' 'dismissal From Civic Office' 'candidate Information Sheets' 'nomination Withdrawal' 'costs Reserved']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application Under Section 329 of the Local Government Act 1993 for Dismissal From Civic Office / Final Hearing and Determination

Legal Issues

  1. 1 ['Whether leave should be granted for the Electoral Commissioner of NSW to be joined as an intervenor.' 'Whether the applicant established an irregularity in the manner in which any of the three respondents was elected under section 329(2)(a) of the Local Government Act 1993.' "Whether the alleged mishandling, rejection or withdrawal of the applicant's own nomination constituted an irregularity affecting the election of the respondents." "Whether the first respondent's use of crosses rather than ticks on his nomination form constituted an irregularity that rendered the election result uncertain." 'Whether newspaper reports were sufficient to prove that the second respondent incorrectly stated he was not a property developer or close associate of a corporation that is a property developer.' "Whether the third respondent's statement on the Candidate Information Sheet that he was not a member of any political party, despite being a member of the Liberal Party and requesting 'Independent' on the ballot paper, rendered the election result uncertain."]

Ratio Decidendi

The application was dismissed because the applicant did not identify or prove a relevant irregularity connected with the manner in which the first and second respondents were elected, and although the third respondent's Candidate Information Sheet contained an irregularity, the applicant provided no evidence capable of showing that the result of the election was rendered uncertain. The applicant's primary case concerning his own nomination also failed because the alleged irregularity was not specified with precision, no relevant breach of the Act or Regulations was identified, and there was no evidentiary basis for determining that his exclusion from the ballot made the election result...

Court Disposition

Leave granted for the Electoral Commissioner to be joined as intervenor; application against all three respondents dismissed; costs reserved.

Orders

  • ['Leave is granted for the Electoral Commissioner to be joined as a party to the proceedings as Intervenor.' 'The application against all three respondents is dismissed.' 'Costs are reserved with liberty to apply which must be exercised within one month of this date.']