Wiltshire, Tony v Turnball, Malcolm & Ors [1998] FCA 10

FEDERAL COURT OF AUSTRALIA ELECTIONS - Constitutional Convention - petition disputing election - whether successful candidates took part in conduct of election - whether successful candidates committed or attempted to commit undue influence - whether successful candidates printed, published or distributed any matter or thing likely to mislead or deceive electors in relation to casting of votes - motion to strike out petition - whether petition defective for want of particularity of facts - whether petition may be amended. Commonwealth Electoral Act 1918 (Cth) s 355 Constitutional Convention (Election) Act 1997 (Cth) ss 35, 52, 126(1), 140, 147, 150, 157(3), 160, 165(1) Crimes Act 1914 (Cth) s 28 Evans v Crichton-Browne (1981) 147 CLR 169, foll Hudson v Lee (1993) 177 CLR 627, refd Nile v Wood (1987) 76 ALR 91, foll Sykes v Australian Electoral Commission (1993) 115 ALR 645, appl Webster v Deahm (1993) 116 ALR 223, appl TONY WILTSHIRE v MALCOLM TURNBULL & ORS NG 5 of 1998 JUDGE: DAVIES J DATE: 16 JANUARY 1998 PLACE: SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 5 of 1998

BETWEEN: TONY WILTSHIRE

PETITIONER

AND: MALCOLM TURNBULL

first Respondent

doug sutherland

second respondent

australian electoral commission

third respondent

commonwealth of australia

fourth respondent

coram: DAVIES J

DATE OF ORDER: 16 JANUARY 1998

WHERE MADE: SYDNEY

MINUTES OF ORDER

THE COURT ORDERS THAT: The petition be dismissed.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 5 of 1998

BETWEEN: TONY WILTSHIRE

PETITIONER

AND: MALCOLM TURNBULL

first Respondent