Briscoe-Hough v Filipopoulos

[2004] NSWADT 217

CITATION:	Briscoe-Hough v. Filipopoulos [2004] NSWADT 217
DIVISION:	General Division
PARTIES:	APPLICANT Gregory James Briscoe-Hough RESPONDENT Helen Filipopoulos
FILE NUMBER:	043142
HEARING DATES:	17 September 2004
SUBMISSIONS CLOSED:	09/17/2004
DATE OF DECISION:	10/05/2004
BEFORE:	Leal S - Judicial Member; O'Neill A - Non Judicial Member; Blake C - Non Judicial Member
APPLICATION:	Dismissal of application - frivolous vexatious misconceived or lacking in substance
MATTER FOR DECISION:	Preliminary Matter
LEGISLATION CITED:	Administrative Decisions Tribunal Act 1997 Local Government (Elections) Regulation 1998 Local Government Act 1993
CASES CITED:	General Steel Industries Inc v Commissioner for Railways (NSW) 1964 112 CLR 125 Tannock v State of New South Wales (1999) NSWADT 31 (11 May 1999) Langley v Niland (1981) 2 NSWLR 104 at 107 Reyes-Gonzales v Sydney Institute of Technology (1998) NSW EOT (6 March 1998). Prakash v Bobb Borg Enterprises Pty Ltd at 13-14; Ravel v Plastral Fidence Pty Ltd [1999] NSWADT 18 Wickstead v Browne (1992) 30 NSWLR 1 Margan v University of Technology, Sydney (EOD) [2003] NSWADTAP 65 R -v- Grey ; Ex parte Marsh (1985) 157 CLR 351 Bourne -v- Murphy (1996) 92 LGERA 329 Jeffery v Roberts [2001] NSWADT 66
REPRESENTATION:	APPLICANT In person RESPONDENT D Perrignon
ORDERS:	The respondent’s application for the dismissal of the applicant’s application under s329 of the Local Government Act 1993 is dismissed;; Applicant’s statements to be filed by 18 October 2004;; Respondent’s statements to be filed by 8 November 2004;; Matter set down for hearing on 13 December 2004 and 14 December 2004

REASONS FOR DECISION

Introduction


1 The applicant, Mr Briscoe-Hough, and the respondent, Ms Filipopoulos, were both candidates for an election to the Hurstville City Council. Ms Filipopoulos was elected to Hurstville City Council whereas Mr Briscoe-Hough was not.
2 On 12 May 2004, Mr Briscoe-Hough applied to the Tribunal under s329 of the Local Government Act 1993 for orders that Ms Filipopoulos be dismissed as a civic officer from Hurstville City Council because of an alleged irregularity in the manner in which she was elected.
3 On 18 August 2004, Ms Filipopoulos asked the Tribunal to dismiss Mr Briscoe-Hough’s application pursuant to s73(5)(h) of the Administrative Decisions Tribunal Act 1997.
4 On 31 August 2004, Mr Briscoe-Hough filed written submissions in the Tribunal as to why the respondent’s application should not be granted. Mr Briscoe-Hough also made the following applications:

a. that the Electoral Commissioner be joined to the proceedings;


b. that the Tribunal order the Electoral Commissioner not to destroy relevant electoral documents;


c. that the Tribunal order the Electoral Commissioner to produce documents relevant to the proceedings; and


d. that the Tribunal order persons nominated by the applicant to appear at hearing.



5 On 13 September 2004, Mr Perrignon, on behalf of Ms Filipopoulos, filed written submissions in support of her application under s73(5)(h) of the Administrative Decisions Tribunal Act 1997. On 15 September 2004, Mr Briscoe-Hough filed submissions in reply.
Relevant legislation


6 Section 73(5)(h) of the Administrative Decisions Tribunal Act states that:

The Tribunal may…