Briscoe-Hough v Tegg and Ors [2018] NSWCATOD 23

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Briscoe-Hough v Tegg and Ors [2018] NSWCATOD 23 Hearing dates: 15 February 2018 Date of orders: 22 February 2018 Decision date: 22 February 2018 Jurisdiction: Occupational Division Before: The Hon F Marks, Principal Member Dr J Lucy, Senior Member Decision: 1. Leave is granted for the Electoral Commissioner to be joined as a party to the proceedings as Intervenor.

2. The application against all three respondents is dismissed.

3. Costs are reserved with liberty to apply which must be exercised within one month of this date. Catchwords: Local Government – election of councillors –irregularities in nomination forms –need to prove factual basis to find an irregularity- held no relief under section 329 of Local Government Act because failure to prove that result of the election was thereby uncertain – application dismissed – costs reserved Legislation Cited: Local Government Act 1993 Local Government (General) Regulation 2005 Cases Cited: Bourne v Murphy [1996] NSWCA 59 Lowe v Feeney [2009] NSWADT 124 Roberts v Jeffery [2003] NSWSC 162 Category: Principal judgment Parties: Gregory J Briscoe-Hough applicant Warren Tegg 1st respondent Constantine Hindi 2nd respondent Lupco Konjarski 3rd respondent Electoral Commissioner of NSW intervenor Representation: Counsel: 1st respondent self-represented 2nd respondent G Skehan solicitor 3rd respondent P O'Loughlin of counsel intervenor H Sims solicitor Applicant: Self-represented