Molluso v Le [2018] NSWCATOD 158

Molluso v Le [2018] NSWCATOD 158

The address on the State electoral roll describing the respondent's place of living within the relevant ward satisfies the legal requirements of ss 266 and 269 of the Local Government Act 1993 (NSW). Any challenge to the factual correctness of this address must be made through the procedures set out in the State electoral legislation. No irregularity was established under s 329 in the respondent's election, and the application was dismissed.

Parties
Applicant: Joe Molluso; Respondent: Dai Le
Jurisdiction
Australia
Judgment Date
19 September 2018
Procedural Posture
Application for Dismissal of Councillor From Civic Office Under S 329 Local Government Act 1993 (nsw) / Final Judgment
Outcome
Application dismissed
Legal Topics
Elections, Councillor Eligibility, Interpretation of Local Government Act, Statutory Construction
Local Government Law Administrative Law Elections Councillor Eligibility Interpretation of Local Government Act Statutory Construction

Case Brief

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Parties

Joe Molluso

Applicant

Dai Le

Respondent

Procedural Posture

Application for Dismissal of Councillor From Civic Office Under S 329 Local Government Act 1993 (nsw) / Final Judgment

Legal Issues

  1. 1 Whether there was an 'irregularity' in the manner of the respondent's election to civic office under s 329 of the Local Government Act 1993 (NSW)
  2. 2 Whether the respondent's address on the State electoral roll constituted her 'place of living' for the purpose of ss 266 and 269 of the Local Government Act
  3. 3 Whether proceedings were commenced outside the statutory time limit under s 329(3)

Ratio Decidendi

The address on the State electoral roll describing the respondent's place of living within the relevant ward satisfies the legal requirements of ss 266 and 269 of the Local Government Act 1993 (NSW). Any challenge to the factual correctness of this address must be made through the procedures set out in the State electoral legislation. No irregularity was established under s 329 in the respondent's election, and the application was dismissed.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.