Sanders v Nobbs [1999] NFSC 3

SUPREME COURT OF NORFOLK ISLAND Sanders v Nobbs [1999] NFSC 3 ELECTORAL PETITION – whether member of the Norfolk Island Legislative Assembly "ordinarily resident" on Norfolk Island WORDS & PHRASES – "ordinarily resident"

Norfolk Island Act 1979, s 38

Re Vassis, Ex parte: Lung (1986) 9 FCR 518, considered Re Taylor; Ex parte Natwest Australian Bank Limited, Federal Court of Australia, 24 June 1992, unreported, applied

WILLIAM WINTON SANDERS v RONALD COANE NOBBS

SC 3 OF 1999 JUDGE: BEAUMONT CJ. DATE" 9 SEPTEMBER 1999

IN THE SUPREME COURT ) ) SC 3 of 1999 NORFOLK ISLAND ) IN THE MATTER OF: SECTION 46 OF THE LEGISLATIVE ASSEMBLY ACT 1979 AND IN THE MATTER OF: WILLIAM WINTON SANDERS Petitioner AND IN THE MATTER OF: RONALD COANE NOBBS Respondent

REASONS FOR JUDGMENT (No. 2) (on petition) BEAUMONT CJ: 9 September 1999 INTRODUCTION Some of the background to this matter appears in my reasons (No. 1), which should be read with these reasons. The relevant particulars alleged in the amended petition are as follows: "2. On or about 9 April 1997, Mr Nobbs was nominated for election to the Legislative Assembly of Norfolk Island, in respect of an election which was held on 30 April 1997. 3. At the time of his nomination Mr Nobbs did not hold the qualifications for election as a Member of the Legislative Assembly of Norfolk Island in that on the nomination day he did not hold the qualifications for election which were required by Section 38(d) of the Norfolk Island Act 1979 (Commonwealth), namely he had not been ordinarily resident within the Territory of Norfolk Island for a period of five (5) years immediately preceding the date of his nomination for election to the Legislative Assembly of Norfolk Island, as required by Section 38(d) of the Norfolk Island Act. (Emphasis added).