Wheatley v State of New South Wales [2018] NSWCA 315

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Wheatley v State of New South Wales [2018] NSWCA 315 Hearing dates: 22 August 2018 Decision date: 14 December 2018 Before: McColl JA at [1]; Gleeson JA at [145]; Simpson AJA at [158] Decision: Appeal dismissed with costs Catchwords: STATUTORY INTERPRETATION – Election Funding, Expenditure and Disclosures Act 1981 (NSW) – construction of exemption for candidates self-funding own election campaigns – where donations by candidates to party which endorsed them for State election exceeded $5000 cap imposed on political donations to a political party – whether permissible for party which has endorsed candidate to accept candidate's funds within the exemption or whether such funds constitute political donation – whether donations lawful self-funding contributions to the candidates' election campaigns pursuant to s 95A(4) of Election Funding, Expenditure and Disclosures Act 1981 (NSW) Legislation Cited: Civil Procedure Act 2005 (NSW) Crown Proceedings Act 1988 (NSW) Election Funding Act 1981 (NSW) Election Funding and Disclosures Amendment Act 2010 (NSW) Election Funding, Expenditure and Disclosures Act 1981 (NSW), ss 85(1), 88(1), 95F, 95A(1), 95A(4), 95A(5), 95B(1), 96(5), 96(6), 96A(5A), 96B, 96B(4), 96B(5), 96(f) Election Funding, Expenditure and Disclosures Regulation 2009 (NSW) Electoral and Lobbying Legislation Amendment (Electoral Commission) Act 2014 (NSW) Interpretation Act 1987 (NSW) Parliamentary Electorates and Elections Act 1912 (NSW) Cases Cited: Bermingham v Corrective Services Commission of New South Wales (1988) 15 NSWLR 292 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Hooker v Gilling [2007] NSWCA 99; (2007) 48 MVR 136 Lacey v Attorney-General (Qld) (2011) 242 CLR 573; [2011] HCA 10 McCloy v State of New South Wales (2015) 257 CLR 178; [2015] HCA 34 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 R (Animal Defenders International) v Secretary of State for Culture, Media and Sport [2008] AC 1312 SAS Trustee Corporation v Miles [2018] HCA 55; (2018) 92 ALJR 1064 State of New South Wales v Wheatley (No 2) [2018] NSWSC 324 SZTAL v Minister for Immigration and Border Protection [2017] HCA 34; (2017) 91 ALJR 936 Unions NSW v New South Wales (2013) 252 CLR 530; [2013] HCA 58 Texts Cited: Election Funding and Disclosures Amendment Bill 2010 (NSW) New South Wales, Joint Standing Committee on Electoral Matters, Public Funding of Election Campaigns, (March 2010) New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 28 October 2010 Category: Principal judgment Parties: Peter Wheatley (First Appellant) Liberal Party of Australia (New South Wales Division) (Second Appellant) State of New South Wales (Respondent) Representation: Counsel: A Moses SC with P Sharp (Appellants) N Williams SC with J Emmett (Respondent) Solicitors: Harpur Phillips (Appellants) Crown Solicitors Office (Respondent) File Number(s): 2018/91292 Publication restriction: No Decision under appeal Court or tribunal: Supreme Court of NSW Jurisdiction: Common Law Citation: [2018] NSWSC 178 Date of Decision: 23 February 2018 Before: Adamson J File Number(s): 2017/67594