BOURNE v MURPHY [1996] NSWCA 62

BOURNE v MURPHY [1996] NSWCA 62

Miss Bourne, though technically successful in disturbing trial orders, was unsuccessful in substance as she was dismissed from office; hence, she should pay Miss Murphy's costs. Usual costs principles apply, no special provision for awarding costs against electoral officials or council outside statutory mechanisms.

Source-derived case information.

Parties
Appellant: Miss Bourne; Respondent: Miss Murphy; First Defendant: Mr Edwards; Second Defendant: Leichhardt Municipal Council; Fourth Defendant: Mr Bounader; Fifth Defendant: Mr Dickson
Jurisdiction
Australia
Judgment Date
21 November 1996
Procedural Posture
Electoral Challenge / Appeal on Costs
Outcome
Costs orders determined on party and party basis.
Legal Topics
Costs in Electoral Litigation, Judicial Discretion in Costs, Local Government Elections
Administrative Law Electoral Law Costs in Electoral Litigation Judicial Discretion in Costs Local Government Elections

Source-derived case record

Summary, issues, holding and outcome

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Parties

Miss Bourne

Appellant

Miss Murphy

Respondent

Mr Edwards

First Defendant

Leichhardt Municipal Council

Second Defendant

Mr Bounader

Fourth Defendant

Mr Dickson

Fifth Defendant

Procedural Posture

Electoral Challenge / Appeal on Costs

Legal Issues

  1. 1 Application of costs jurisdiction in electoral challenge under s.329 Local Government Act 1993
  2. 2 Appropriateness of costs orders against electoral officers and council parties
  3. 3 Principles guiding costs determination in election challenges not under Court of Disputed Returns

Ratio Decidendi

Miss Bourne, though technically successful in disturbing trial orders, was unsuccessful in substance as she was dismissed from office; hence, she should pay Miss Murphy's costs. Usual costs principles apply, no special provision for awarding costs against electoral officials or council outside statutory mechanisms.

Court Disposition

Costs orders determined on party and party basis.

Orders

  • Miss Murphy to pay costs of Mr Edwards and Leichhardt Municipal Council for proceedings before McInerney J.
  • Miss Bourne, Mr Bounader, and Mr Dickson to pay costs of Miss Murphy for proceedings before McInerney J, excluding costs owed to Mr Edwards and Leichhardt Municipal Council.