Isaac & anor v Nannelli [2005] NSWADT 78

Isaac & anor v Nannelli [2005] NSWADT 78

None of the alleged irregularities constituted a breach of the Act or Regulation, nor did they amount to a departure from rule, established practice or generally accepted principle governing the conduct of the election as required by s 329(2) of the Local Government Act. The result of the election was not rendered uncertain by the conduct.

Jurisdiction
Australia
Judgment Date
06 April 2005
Procedural Posture
Application for Dismissal From Civic Office Under the Local Government Act / Final Decision
Outcome
Application refused
Legal Topics
['civic Office Dismissal' 'electoral Irregularities' 'preference Agreements' 'registration of Electoral Material']
['local Government Law' 'electoral Law'] ['civic Office Dismissal' 'electoral Irregularities' 'preference Agreements' 'registration of Electoral Material']

Case Brief

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Procedural Posture

Application for Dismissal From Civic Office Under the Local Government Act / Final Decision

Legal Issues

  1. 1 ['Whether alleged irregularities in the election of Mr Nannelli constitute grounds for dismissal from civic office under s 329(2) of the Local Government Act 1993']

Ratio Decidendi

None of the alleged irregularities constituted a breach of the Act or Regulation, nor did they amount to a departure from rule, established practice or generally accepted principle governing the conduct of the election as required by s 329(2) of the Local Government Act. The result of the election was not rendered uncertain by the conduct.

Court Disposition

Application refused

Orders

  • ['The application that the Tribunal dismiss Mr Nannelli from civic office is refused']