Belinda Jane Neal v Kaila Murnain & Anor [2017] NSWSC 1039

Supreme Court New South Wales

Medium Neutral Citation: Belinda Jane Neal v Kaila Murnain & Anor [2017] NSWSC 1039 Hearing dates: 7 August 2017 Date of orders: 07 August 2017 Decision date: 07 August 2017 Jurisdiction: Equity Before: Slattery J Decision: Summons dismissed. Interlocutory relief varied and made permanent. Plaintiff ordered to pay the defendants' costs. Catchwords: EQUITY — Equitable remedies — Injunctions – plaintiff and defendants all members of a political party and bound by the party's rules – plaintiff nominates for a pre-selection ballot for local government elections – plaintiff expelled from the party before the counting of pre-selection ballot papers - interpretation of party rules as to eligibility of candidate to be counted in ballot for pre-selection – whether plaintiff entitled to be counted in pre-selection ballot even if she is no longer eligible for endorsement as a candidate on behalf of the party in the local government elections – whether relief claimed is futile – whether relief would occasion hardship to third parties. Cases Cited: Byrnes Phelp Trust Co Pty Ltd v Kwikasair Freight Lines Ltd (1963) 63 SR (NSW) 492 Hercy v Birch (1804) 9 VES 357; 32 ER 640 Tito v Wardell (No 2) 1977 Ch 106 Texts Cited: JD Heydon, MJ Leeming and PG Turner, Meagher, Gummow & Lehane's Equity: Doctrines & Remedies (LexisNexis Butterworths, 5th ed, 2014) Category: Principal judgment Parties: Plaintiff: Belinda Jane Neal First Defendant: Kaila Murnain Second Defendant: Jannai Tabbernor Representation: Counsel: