Molluso v Le [2018] NSWCATOD 158

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Molluso v Le [2018] NSWCATOD 158 Hearing dates: 7 and 9 August 2017 Date of orders: 19 September 2018 Decision date: 19 September 2018 Jurisdiction: Occupational Division Before: M Craig QC ADCJ, Principal Member N S Isenberg RFD, Senior Member M von Kolpakow, General Member Decision: The application is dismissed. Catchwords: LOCAL GOVERNMENT – elections – application to Tribunal to dismiss councillor for irregularity in manner of election – councillor alleged not to have been a "resident" of the ward at the time of election – whether address on State electoral roll alleged not to be the residential address of the councillor is an "irregularity" for the purpose of s 329 of the Local Government Act 1993 (NSW) – whether the date of election to civic office under that section is the date of the declaration of the poll – whether the entry of an elector's address on the State electoral roll identifies the person's "place of living" for the purpose of ss 266 and 269 of the Local Government Act: WORDS AND PHRASES – "irregularity" – "resident" – "place of living" – "date of the person's election" to civic office – Local Government Act 1993 (NSW), ss 266, 269, 379 Legislation Cited: Electoral Act 2017 (NSW) Interpretation Act 1987 (NSW) Local Government Act 1993 (NSW) Parliamentary Electorates and Elections Act 1912 (NSW) (now repealed) Cases Cited: Alcan (NT) Alumina Pty Limited v Commissioner of Territory Revenue (2009) 239 CLR 27; [2009] HCA 41 Borsak v Cheung [2006] NSWADT 5 Bourne v Murphy (1996) 92 LGERA 329 Carr v Western Australia (2007) 232 CLR 138; [2007] HCA 47 Da Rin v Duffy [2013] NSWADT 284 Duffy v Da Rin (2014) 87 NSWLR 495; [2014] NSWCA 270 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 R v Gray; Ex Parte Marsh [1985] HCA 67; (1985) 157 CLR 351 Roberts v Jeffery [2003] NSWSC 162 Wilson v State Rail Authority (2010) 78 NSWLR 704; [2010] NSWCA 198 Texts Cited: Nil Category: Principal judgment Parties: Joe Molluso (Applicant) Dai Le (Respondent) Representation: Counsel: HWM Stitt (Applicant A. Kaufmann (Respondent)