Kelly v Smith [2018] NSWCATAD 122

Kelly v Smith [2018] NSWCATAD 122

The applicant failed to provide evidence that the information in the Candidate Information Sheet was incorrect or that any alleged irregularity made the result of the election uncertain, so the application was dismissed.

Jurisdiction
Australia
Judgment Date
05 June 2018
Procedural Posture
Application for Dismissal From Civic Office / Final Decision
Outcome
Application dismissed
Legal Topics
['disqualification of Elected Official' 'irregularity in Election' 'candidate Information Sheet' 'burden of Proof' 'election Result Uncertainty']
['administrative Law' 'local Government Law'] ['disqualification of Elected Official' 'irregularity in Election' 'candidate Information Sheet' 'burden of Proof' 'election Result Uncertainty']

Case Brief

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Procedural Posture

Application for Dismissal From Civic Office / Final Decision

Legal Issues

  1. 1 ['Whether there was an irregularity in the manner in which the respondent was elected to office under s 329(2)(a) of the Local Government Act 1997' 'Whether the information in the Candidate Information Sheet was incorrect' 'Whether any irregularity rendered the election result uncertain']

Ratio Decidendi

The applicant failed to provide evidence that the information in the Candidate Information Sheet was incorrect or that any alleged irregularity made the result of the election uncertain, so the application was dismissed.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.' 'The respondent to file and serve any submissions as to costs by 12 June 2018.' 'The applicant may respond by 19 June 2018.']