NSW Electoral Commissioner v Kempsey Shire Council (No 3) [2022] NSWSC 409

NSW Electoral Commissioner v Kempsey Shire Council (No 3) [2022] NSWSC 409

Due to statutory and practical considerations, the declarations that elections were void are made but their operation is delayed to allow for new elections to be scheduled; costs orders reflect agreement and circumstances between the Electoral Commissioner and the various defendants, including indemnity costs for three councils and ordinary costs for other defendants.

Jurisdiction
Australia
Judgment Date
05 April 2022
Procedural Posture
Consequential Orders Following Substantive Judgment Declaring Elections Void / Orders and Directions Following Principal Judgment
Outcome
Declarations made that enumerated local government elections are void; orders made for new elections and costs; declarations not to take effect until 3 May 2022; proceedings stood over for further mention.
Legal Topics
['local Government Elections' 'void Elections' 'costs Orders' 'relief and Remedies' 'timing of Declarations']
['administrative Law' 'election Law'] ['local Government Elections' 'void Elections' 'costs Orders' 'relief and Remedies' 'timing of Declarations']

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Procedural Posture

Consequential Orders Following Substantive Judgment Declaring Elections Void / Orders and Directions Following Principal Judgment

Legal Issues

  1. 1 ['Appropriate timing of declaration that council elections were void' 'Proper orders as to costs following principal judgment' 'Propriety of indemnity costs versus ordinary costs' 'Consequences for councillor officeholders and conduct of fresh elections']

Ratio Decidendi

Due to statutory and practical considerations, the declarations that elections were void are made but their operation is delayed to allow for new elections to be scheduled; costs orders reflect agreement and circumstances between the Electoral Commissioner and the various defendants, including indemnity costs for three councils and ordinary costs for other defendants.

Court Disposition

Declarations made that enumerated local government elections are void; orders made for new elections and costs; declarations not to take effect until 3 May 2022; proceedings stood over for further mention.

Orders

  • ['Court declares void the following elections of councillors held on 4 December 2021: (a) election of second to ninth defendants as councillors of Kempsey Shire Council; (b) election of eleventh and twelfth defendants as councillors of City of Shellharbour Council (Ward A); (c) election of fourteenth to...