Briscoe-Hough v Tegg [2018] NSWCATOD 203

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Briscoe-Hough v Tegg [2018] NSWCATOD 203 Hearing dates: 23 April 2018 Date of orders: 25 May 2018 Decision date: 25 May 2018 Jurisdiction: Occupational Division Before: R C Titterton, Principal Member Decision: 1. The application against the NSW Electoral Commissioner is dismissed.

2. The applicant is to pay the costs of the second and third respondent, as agreed or as assessed, save for the costs of appearances at the hearing on 15 February 2018, but including the costs of preparation for that hearing.

3. The applicant is to pay the costs of the NSW Electoral Commissioner, save for the costs of appearances at the hearing on 15 February 2018, but including the costs of preparation for that hearing. Catchwords: Local Government – election of councillors –irregularities in nomination forms – need to prove factual basis to find an irregularity- held no relief under s 329 of Local Government Act because failure to prove that result of the election was thereby uncertain – application dismissed as misconceived Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Electoral Act 2017 (NSW) Local Government Act 1993 (NSW) Cases Cited: Attorney-General v Wentworth (1998) 14 NSWLR 4 BDK v Department of Education and Communities [2015] NSWCATAP 129 Briscoe-Hough v Tegg [2018] NSWCATOD 23 CPD Holdings Pty Ltd t/as The Bathroom Exchange v Baguley [2015] NSWCATAP 21 eMovePty Ltd v Naomi Dickinson [2015] NSWCATAP 94 Military History Tours Australia Pty Ltd v Samuels [2015] NSWCATAP 229 Obieta v Australian College of Professionals Pty Ltd [2014] NSWCATAP 38 Category: Principal judgment Parties: Gregory Briscoe-Hough, Applicant Warren Tegg, First respondent Constantine Hindi, Second respondent Lupco Konjarski, Third respondent NSW Electoral Commissioner, Intervenor Representation: Applicant: self-represented