Da Rin v Duffy [2013] NSWADT 284

Da Rin v Duffy [2013] NSWADT 284

The respondent did not satisfy the residence requirement for nomination to civic office under the Local Government Act 1993, as his substantive residence continued to be at the Borenore property, rendering his election affected by a significant irregularity. Accordingly, he must be dismissed from the office of Councillor, Orange City Council.

Parties
Applicant: John Da Rin; Respondent: Kevin Michael Duffy
Jurisdiction
Australia
Judgment Date
09 December 2013
Procedural Posture
Application for Dismissal From Civic Office / Final Judgment
Outcome
Application upheld; respondent dismissed from civic office
Legal Topics
Dismissal of Councillor, Electoral Irregularity, Residence Requirements for Nomination
Administrative Law Local Government Law Dismissal of Councillor Electoral Irregularity Residence Requirements for Nomination

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Parties

John Da Rin

Applicant

Kevin Michael Duffy

Respondent

Procedural Posture

Application for Dismissal From Civic Office / Final Judgment

Legal Issues

  1. 1 Whether the respondent was a resident of the area at the date of nomination for Orange City Council
  2. 2 Whether the election was affected by an irregularity within the meaning of s 329 of the Local Government Act 1993

Ratio Decidendi

The respondent did not satisfy the residence requirement for nomination to civic office under the Local Government Act 1993, as his substantive residence continued to be at the Borenore property, rendering his election affected by a significant irregularity. Accordingly, he must be dismissed from the office of Councillor, Orange City Council.

Court Disposition

Application upheld; respondent dismissed from civic office

Orders

  • The respondent be dismissed from the civic office of Councillor, Orange City Council.
  • Parties to make submissions on the applicant's application for costs, in accordance with the directions.