Re Porter's Election [1923] HCA 16

Re Porter's Election [1923] HCA 16

The petition received by telegram was neither signed by the petitioner nor by the witnesses and does not conform to the statutory requirements of sec. 185 for valid filing. In the absence of filing the original, signed, attested petition, sec. 187 bars any proceedings in the Court of Disputed Returns.

Parties
Applicant/petitioner: John Alfred Porter; Respondent: Harold George Nelson; Solicitors for the Applicant: Blake & Riggall; Solicitors for Harold George Nelson: R. T. D. Mallam, Darwin, by McCay & Thwaites
Jurisdiction
Australia
Judgment Date
15 May 1923
Procedural Posture
Election Petition (parliamentary) / Application for Extension of Time for Service, Referred to Full Court for Decision on Validity of Filing Petition by Telegram
Outcome
Application dismissed
Legal Topics
Filing Election Petitions, Requirements for Validity of Petition, Telegraphic Submissions
Electoral Law Filing Election Petitions Requirements for Validity of Petition Telegraphic Submissions

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Parties

John Alfred Porter

Applicant/petitioner

Harold George Nelson

Respondent

Blake & Riggall

Solicitors for the Applicant

R. T. D. Mallam, Darwin, by McCay & Thwaites

Solicitors for Harold George Nelson

Procedural Posture

Election Petition (parliamentary) / Application for Extension of Time for Service, Referred to Full Court for Decision on Validity of Filing Petition by Telegram

Legal Issues

  1. 1 Whether filing an election petition by telegram satisfies sec. 185 of the Commonwealth Electoral Act 1918-1922
  2. 2 Whether proceedings can be had on an unsigned or unoriginal petition

Ratio Decidendi

The petition received by telegram was neither signed by the petitioner nor by the witnesses and does not conform to the statutory requirements of sec. 185 for valid filing. In the absence of filing the original, signed, attested petition, sec. 187 bars any proceedings in the Court of Disputed Returns.

Court Disposition

Application dismissed

Orders

  • Application dismissed
  • £50 security lodged to be paid out to the applicant or his solicitors