NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kelly v Smith [2018] NSWCATAD 122 Hearing dates: 4 May 2018 Date of orders: 05 June 2018 Decision date: 05 June 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: R Titterton, Principal Member M Bolt, Senior Member B Thomson, General Member Decision: 1. The application is dismissed.
2. The respondent to file and serve any submissions as to costs by 12 June 2018.
3. The applicant may respond by 19 June 2018. Catchwords: LOCAL GOVERNMENT - the dismissal of a person from civic office - irregularity in the manner in which the person has been elected or appointed to that office – completion of Candidate Information Sheet allegedly containing incorrect information – failure to show – necessity of establishing that the result of the election is uncertain Legislation Cited: Civil and Administrative Tribunal Act 2013 Local Government Act 1997 Local Government (General) Regulations 2005 (NSW) Cases Cited: Alliance Motor Auctions Pty Ltd v Saman [2018] NSWCATOD 137 Bourne v Murphy [1996] NSWCA 59 Briscoe-Hough v Tegg [2018] NSWCATAD 108 Rejfek v McElroy [1965] HCA 46 Roberts v Jeffery [2003] NSWSC 162 Category: Principal judgment Parties: Peter Kelly (Applicant) Martin Smith (Respondent) Representation: Applicant: self-represented
Solicitors: Colin Biggers & Paisley (Respondent) File Number(s): 2017/00343134
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