Nile v Wood [1987] HCA 62

High Court of Australia Brennan, Deane and Toohey JJ. Nile v Wood [1987] HCA 62

ORDER Petition dismissed with costs. Liberty to petitioner to apply to the Court that the Commonwealth pay the costs of the petitioner and the costs of the first respondent which the petitioner was ordered to pay. Order that the Commonwealth pay to Elaine Nile the amount of costs which she is required to pay to Robert Wood pursuant to the order of the Court made on 16 December 1987. No order as to the costs of this application.

Cur. adv. vult.

The Court delivered the following written judgment:—

1987, Dec. 16 Brennan, Deane and Toohey JJ.

This is a motion to dismiss, alternatively to strike out, a petition addressed to this Court as the Court of Disputed Returns under s. 353 of the Commonwealth Electoral Act 1918 Cth ("the Act").

On 25 August 1987, following the last federal election, the first respondent was declared to have been elected as a senator for the State of New South Wales.

The petitioner was a candidate for a position of senator for New South Wales. Her petition alleges various matters which, it says, entitles the petitioner "to object to the declaration of the poll".

The matter came before a justice of this Court sitting as the Court of Disputed Returns on a summons for directions. At that time counsel for the petitioner applied to amend the petition which was acknowledged to be defective in at least one respect, namely in failing to contain a prayer for relief. Counsel for the first respondent objected to the amendments sought, contending that the defects were not curable. He also foreshadowed a motion to strike out the petition in its entirety. The directions hearing was then adjourned to enable the motion to be filed. As the question of amendment of the petition was closely bound up with the general attack to be made on the petition, no decision was made on the application to amend.