Woodhouse v Marano [2018] NSWCATOD 127

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Woodhouse v Marano [2018] NSWCATOD 127 Hearing dates: 18 May 2018, 6 June 2018, 19 July 2018 and On the Papers Date of orders: 09 August 2018 Decision date: 09 August 2018 Jurisdiction: Occupational Division Before: R Titterton, Principal Member Dr J Lucy, Senior Member M Bolt, General Member Decision: (1) The application is dismissed.

(2) The respondent is to file and serve any submissions as to costs by 23 August 2018.

(3) The applicant may respond by 6 September 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 Nomination Form allegedly containing incorrect information – failure to declare their interest – conflict of interest - necessity of establishing that the result of the election is uncertain Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Corporations Act 2001 (Cth) Local Government (General) Regulation 2005 (NSW) Local Government Act 1997 (NSW) Sydney Corporation Act 1902 (NSW) Cases Cited: Bourne v Murphy [1996] NSWCA 59 Briscoe-Hough v Tegg [2018] NSWCATAD 108 Kelly v Smith [2018] NSWCATAD 122 Lowe v Feeney [2009] NSWADT 124. R v Grey; Ex parte Marsh (1985) 157 CLR 351 Rejfek v McElroy (1965) 112 CLR 517; [1965] HCA 46 Roberts v Jeffery [2003] NSWSC 162 Category: Principal judgment Parties: Anthony Woodhouse (Applicant) Anthony Marano (Respondent) Representation: Solicitors: Legal Vision (Applicant) J Miller, agent (Respondent) File Number(s): 2017/000370867