Bell v Culleton

Case

[2017] HCATrans 216

No judgment structure available for this case.

[2017] HCATrans 216

IN THE HIGH COURT OF AUSTRALIA

SITTING AS THE COURT OF
DISPUTED RETURNS

Office of the Registry
  Perth  No P43 of 2016

B e t w e e n -

IAN BRUCE BELL

Petitioner

and

RODNEY NORMAN CULLETON

Respondent

GORDON J

TRANSCRIPT OF PROCEEDINGS

AT MELBOURNE ON TUESDAY, 24 OCTOBER 2017, AT 10.30 AM

Copyright in the High Court of Australia

HER HONOUR:   On 7 September 2016, the petitioner filed an election petition purportedly pursuant to Division 1 of Part XXII of the Commonwealth Electoral Act 1918 (Cth).

On 15 September 2017, the Attorney‑General of the Commonwealth, as intervener, filed a summons seeking dismissal of the petition.  The Commonwealth’s summons was heard before me on 19 October 2017.  I would dismiss the petition.  I publish my reasons.

The order of the Court is:

1.        The petition is dismissed.

2.The petitioner should pay the respondent’s costs of the petition.

3.The sum of $500 deposited by the petitioner as security for costs should be applied to the extent necessary to satisfy paragraph 2 of these orders.

I publish that order.  Adjourn the Court.

AT 10.31 AM THE MATTER WAS CONCLUDED

Areas of Law

  • Administrative Law

  • Civil Procedure

  • Statutory Interpretation

Legal Concepts

  • Appeal

  • Costs

  • Jurisdiction

  • Standing

  • Statutory Construction

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