NSW Electoral Commissioner v Kempsey Shire Council (No 1) [2022] NSWSC 164

Supreme Court New South Wales

Medium Neutral Citation: NSW Electoral Commissioner v Kempsey Shire Council (No 1) [2022] NSWSC 164 Hearing dates: 18 February 2022 Date of orders: 18 February 2022 Decision date: 18 February 2022 Jurisdiction: Common Law Before: Beech-Jones CJ at CL Decision: (1) Pursuant to s 50 of the Evidence Act 1995, the plaintiff may adduce evidence of the documents and records identified in the affidavit of Christopher Frommer ("CF") affirmed 28 January 2022 at [4] in the form of the summaries contained in the affidavit of Simon Kwok affirmed 10 January 2022 at: (a) paragraph [12] and annexure B, being summaries produced from the electronic records identified at CF[4](a)-(c); (b) paragraph [20], being a summary produced from the electronic records identified at CF[4](a), (b), (d) and (e); (c) paragraphs [21]-[25] and pages 14 and 17-30 of Annexure E (pages 58 and 61‑74 of the affidavit), being summaries produced from the electronic records identified at CF[4](a)-(f); and (d) paragraph [26] and annexures F, G and H, being summaries produced from the electronic records identified at CF[4](a)-(f). Catchwords: EVIDENCE – summary taken from electronic records – active database – Evidence Act s 50 Legislation Cited: Evidence Act 1995 Local Government Act 1993 Local Government (General) Regulation 2021 Cases Cited: In the matter of Idylic Solutions Pty Ltd and Others – Australian Securities and Investment Commission v Hobbs [2012] NSWSC 568 Category: Procedural rulings Parties: NSW Electoral Commissioner (Plaintiff) Kempsey Shire Council (First Defendant) Joshua Freeman (Second Defendant) Kerri Riddington (Third Defendant) Anthony Patterson (Fourth Defendant) Alexandra Wyatt (Fifth Defendant) Ian Bain (Sixth Defendant) Vijay Craigie (Seventh Defendant) Simon Fergusson (Eighth Defendant) Elizabeth Campbell (Ninth Defendant) Shellharbour City Council (Tenth Defendant) Maree Edwards (Eleventh Defendant) Kellie Marsh (Twelfth Defendant) Singleton Council (Thirteenth Defendant) Susan George (Fourteenth Defendant) Anthony McNamara (Fifteenth Defendant) Valerie Scott (Sixteenth Defendant) Hollee Jenkins (Seventeenth Defendant) Belinda Charlton (Eighteenth Defendant) Godfrey Adamthwaite (Nineteenth Defendant) Daniel Thompson (Twentieth Defendant) Malinda McLachlan (Twenty-first Defendant) Anthony Jarrett (Twenty-second Defendant) Representation: Counsel: Mr J Emmett SC; Ms C Roberts (Plaintiff) Ms A Wyatt, in person (Fifth Defendant) Mr I Bain, in person (Sixth Defendant) Ms N Simmons (Tenth Defendant) Ms M Edwards, in person (Eleventh Defendant) RMB Lawyers (Twelfth Defendant) Ms S George, in person (Fourteenth Defendant)