Da Rin v Duffy [2013] NSWADT 284

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Da Rin v Duffy [2013] NSWADT 284 Hearing dates: 7 May, 2 July, 23 October 2013 Decision date: 09 December 2013 Jurisdiction: General Division Before: Judge K P O'Connor, President P Molony, Judicial Member J Schwager, Non-judicial Member Decision: 1. The Tribunal orders that the respondent be dismissed from the civic office of Councillor, Orange City Council. 2. Parties to make submissions on the applicant's application for costs, in accordance with the directions. Catchwords: CIVIC OFFICE - Application for dismissal of elected councillor - alleged irregularity in the manner of election - whether councillor a resident of the area at the time of nomination - application upheld - order for dismissal: Local Government Act 1993, s 329 Legislation Cited: Administrative Decisions Tribunal Act 1997 Commonwealth Electoral Act 1918 (Cth) Local Government (Elections) Regulation 1998 Local Government Act 1993 Parliamentary Electorates and Elections Act 1912 Cases Cited: Borsak v Cheung [2006] NSWADT 5 Category: Principal judgment Parties: John Da Rin (Applicant) Kevin Michael Duffy (Respondent) Representation: Counsel D Brakell, days 2 and 3 (Applicant) D Johnston, agent, by leave, day 1 (Applicant) T H Bray, days 2 and 3 (Applicant) G Butterfield, Marsdens Law Group (Respondent) File Number(s): 123349