Brooks-Maher -v- Cheung [2000] NSWADT 57

Set aside by Appeal : Set aside by appeal 16 November 2000 Cheung v The Administrative Decisions Tribunal of New South Wales [2000] NSWSC 1062

CITATION: Brooks-Maher -v- Cheung [2000] NSWADT 57 DIVISION: General Division APPLICANT Emma Brooks-Maher PARTIES: RESPONDENT Kwai Lin (Karin) Cheung FILE NUMBER: 993289 HEARING DATES: 09/05/00 SUBMISSIONS CLOSED: 05/09/2000 DATE OF DECISION: 05/17/2000

BEFORE: Hennessy N (Deputy President); Britton A - Judicial Member; Mapperson K - Member APPLICATION: Dismissal from civic office - Local Government Act - dismissal from civic office MATTER FOR DECISION: Application for original application to be dismissed because it was lodged out of time LEGISLATION CITED : Local Government Act 1993 Lucas -v- Pascale NSWADT 23 CASES CITED: Ex Parte Hinds; Re Penboss [1972] NSWLR 542 Cameron -v- Fysh (1904) CLR 312 Re Berrill and the Poll for the Electorate of Boothby (1978) 19 ALR 254 APPLICANT REPRESENTATION: P Griffin, barrister RESPONDENT C Birch SC, barrister ORDERS: 1. Pursuant to s 44 of the Administrative Decisions Act 1997, the Tribunal orders that the time for the making of the application is extended to 24 December 1999.

REASONS FOR DECISION Introduction 1 This decision concerns an application by the respondent, Ms Cheung, to have the original application filed by Ms Brooks-Maher dismissed because it was lodged out of time. Ms Brooks-Maher was represented by Mr Griffin of counsel, instructed by the Public Interest Advocacy Centre and Ms Cheung was represented by Mr Birch instructed by Ms Tancred of Pigott Stinson Ratner Thom. 2 Ms Brooks-Maher's original application, brought under s 329 of the Local Government Act 1993 (LGA), was for Ms Cheung to be dismissed as a councillor to Ashfield Municipal Council. The basis for the application was an alleged irregularity in the manner in which she was elected. 3 Section 329(3) of the LGA provides that: