Sanders v Nobbs [1999] NFSC 3

Sanders v Nobbs [1999] NFSC 3

The respondent's permanent home between 1968 and December 1993 was the Northern Territory, notwithstanding regular temporary stays on Norfolk Island and ownership of property there. He was therefore not ordinarily resident on Norfolk Island between April 1992 and December 1993 and had not been ordinarily resident within Norfolk Island for the 5 years immediately preceding his April 1997 nomination as required by s 38(d) of the Norfolk Island Act 1979. The legislative scheme contemplated a by-election for a casual vacancy within the relevant period, so lapse of time and the proximity of the next general election did not justify refusing the declaration.

Jurisdiction
Australia
Judgment Date
09 September 1999
Procedural Posture
Electoral Petition / Reasons for Judgment on Petition
Outcome
Petition allowed; respondent declared not duly elected.
Legal Topics
['qualification for Election to the Norfolk Island Legislative Assembly' 'ordinary Residence' 'electoral Petition Relief']
['electoral Law'] ['qualification for Election to the Norfolk Island Legislative Assembly' 'ordinary Residence' 'electoral Petition Relief']

Case Brief

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Procedural Posture

Electoral Petition / Reasons for Judgment on Petition

Legal Issues

  1. 1 ['Whether the respondent had been ordinarily resident within the Territory of Norfolk Island for a period of 5 years immediately preceding his nomination for election to the Legislative Assembly of Norfolk Island.' 'Whether the Court should decline relief for discretionary public interest reasons because of the time elapsed since the election and the relative imminence of the next general election.']

Ratio Decidendi

The respondent's permanent home between 1968 and December 1993 was the Northern Territory, notwithstanding regular temporary stays on Norfolk Island and ownership of property there. He was therefore not ordinarily resident on Norfolk Island between April 1992 and December 1993 and had not been ordinarily resident within Norfolk Island for the 5 years immediately preceding his April 1997 nomination as required by s 38(d) of the Norfolk Island Act 1979. The legislative scheme contemplated a by-election for a casual vacancy within the relevant period, so lapse of time and the proximity of the next general election did not justify refusing the declaration.

Court Disposition

Petition allowed; respondent declared not duly elected.

Orders

  • ['Declare that the respondent was not duly elected to the Legislative Assembly at the election held on 30 April 1997 by reason that he was not then a person qualified to be a candidate for election.' 'Costs reserved.']