Bradbery v Hay (No 2) [2011] NSWSC 691

Supreme Court New South Wales

Medium Neutral Citation: Bradbery v Hay (No 2) [2011] NSWSC 691 Hearing dates: 28 June 2011 Decision date: 08 July 2011 Before: Simpson J Decision: (i) The petitioner is to pay the costs of the first respondent incurred in respect of the petition; (ii) Recommend that the costs be paid by the Crown. Catchwords: COURT OF DISPUTED RETURNS - costs - unsuccessful petition - public interest - expense to defendant - petitioner to pay costs - evidence filed in support of petition raises issues concerning propriety of election practices - recommendation that costs be paid by the Crown Legislation Cited: Parliamentary Electorates and Elections Act 1912 Cases Cited: Bradbery v Hay [2011] NSWSC 623 Commonwealth Electoral Act 1918 (Cth) Dunbier v Mallam [1971] 2 NSWLR 169 Fels v Davies [2009] WASC 138 Free v Kelly [1996] HCA 42; 185 CLR 296 Green v Bradbury (No 2) [2011] FCA 469 Hudson v Lee [1993] HCA 58; 177 CLR 627 Nile v Wood [1988] HCA 30; 167 CLR 133 Scott v Martin (1988) 14 NSWLR 663 Category: Costs Parties: Gordon Bradbery (Petitioner) Noreen Hay (First Respondent) Electoral Commissioner of New South Wales (Second Respondent) Representation: Counsel J Healey (Petitioner) B McClintock SC (First Respondent) A Merridew (Second Respondent) Solicitors Access Law Group (Petitioner) Holding Redlich (First Respondent) I V Knight, Crown Solicitor (Second Respondent) File Number(s): 2011/126749