LAURIE v NEW SOUTH WALES ABORIGINAL LAND COUNCIL [2010] NSWCA 199

Reported Decision: 175 LGERA 247

New South Wales Court of Appeal

CITATION: LAURIE v NEW SOUTH WALES ABORIGINAL LAND COUNCIL [2010] NSWCA 199

HEARING DATE(S): 9 June 2010

JUDGMENT DATE: 26 August 2010

JUDGMENT OF: McColl JA at 1; Basten JA at 2; Handley AJA at 80

1. Appeal dismissed. 2. Cross-appeal allowed. 3. Orders 1, 2, 3 and 5 made on 19 October 2009 set aside. DECISION: 4. In lieu thereof (a) declare that Patricia Helen Laurie is and has been disqualified since 22 May 2007 from holding the office of councillor for the North Coast region in the New South Wales Aboriginal Land Council and that a new election must be held to fill that vacancy. (b) declare that the New South Wales Aboriginal Land Council is entitled to cease paying Patricia Helen Laurie the remuneration and allowances of a councillor of the New South Wales Aboriginal Land Council as referred to in subss 120(5) and (6) of the Aboriginal Land Rights Act 1983 (NSW). 5. Make no order as to the costs of any party in this Court in relation to the appeal or the cross-appeal.

CATCHWORDS: ABORIGINALS – NSW Aboriginal Land Council – election to office of councillor – whether a person disqualified from holding office is also disqualified from standing for election - APPEAL – civil – election of disqualified councillor – challenge to validity of election not limited by provision for disputed return – Aboriginal Land Rights Act 1983 (NSW), s 125 - ELECTIONS – election of disqualified councillor – challenge to validity of election not limited by provision for disputed return – Aboriginal Land Rights Act 1983 (NSW), s 125 - STATUTORY INTERPRETATION – casual vacancy – whether mechanism was available to resolve the ineffective election of a disqualified person – Aboriginal Land Rights Act 1983 (NSW), s 133 - STATUTORY INTERPRETATION – whether a provision for disqualification from holding office extended to disqualification from standing for election – Aboriginal Land Rights Act 1983 (NSW), s 132 - WORDS & PHRASES – "casual vacancy"