Burston v Cosh

[2000] NSWADT 91

CITATION:	Burston -v- Cosh & ors [2000] NSWADT 91
DIVISION:	General Division
PARTIES:	APPLICANT Brian Burston RESPONDENTS Claire Cosh Catherine Parsons Jeff Maybury State Electoral Commissioner
FILE NUMBER:	993282; 003006; 003007
HEARING DATES:
SUBMISSIONS CLOSED:	06/15/2000
DATE OF DECISION:	07/07/2000
BEFORE:	Britton A - Judicial Member; Lees M - Judicial Member; Antonios Z - Member
APPLICATION:	Persons whose interests are affected by a decision
MATTER FOR DECISION:	Preliminary matter
LEGISLATION CITED:	Local Government Act 1993
CASES CITED:	Control Investments Pty Limited v Australian Broadcasting Tribunal (1980) 50 FLR Re McHattan and Collector of Customs (NSW) (1978)18 ALR 154 Alphapharm v SmithKline Beecham (1994) 121 ALR 373 US Tobacco Co v. Minister for Consumer Affairs (1988) 20 FCR 520 Sinclair v. Mining Warden at Maryborough (1975) Onus v. Alcoa (1981) Ogle v. Strickland (1987) 13 FCR 306 Telecasters North Queensland Limited v. Australian Broadcasting Tribunal (1988) 82 ALR 90 Australian Conservation Foundation v. Minister for Resources (1989) 19 ALD 70 Cameron v. Human Rights and Equal Opportunity Commission (1993) 119 ALR 279 Inland Revenue Commissioners v. National Federation of Self-Employed and Small Businesses Ltd (1982) AC 617 Re McHattan and Collector of Customs (NSW) (1977) 1 ALD 67 Australian Foreman Stevedores' Association v. Crone (1988) 20 FCR 377 Association of Data Processing Service Organisations v. Camp 397 US 150 (1970) Barlow v. Collins 397 US 159 (1970) Kioa v. West (1985) Bray v. Faber (1978) 1 NSWLR 335 R. v. Hendon Rural District Council; ex parte Chorley (1933) 2 KB 696 R. v. Richmond Confirming Authority; Ex parte Howitt (1921) 1 KB 248 Lucas v Pascale [2000] NSWADT 23
REPRESENTATION:
ORDERS:	1. The decision to join the Electoral Commissioner as a party to these proceedings is affirmed.

1 The applicant, Mr Burston an unsuccessful candidate for an election to the City of Cessnock Local Council, has applied to the Tribunal under s 329 of the Local Government Act 1993 (the Act) for orders that Ms Cosh, Ms Parsons and Mr Maybury be dismissed as civic officers from Cessnock City Council. Mr Burston submits that Ms Cosh, Ms Parsons and Mr Maybury should be dismissed from office because of an alleged irregularity in the manner in which they were elected.

2 This is a decision on the papers pursuant to s 76 of the Administrative Decisions Tribunal Act 1997 (ADT Act) concerning the preliminary issue of whether the Electoral Commissioner should remain a respondent in these proceedings.

3 At the first directions hearing in relation to these matters, on 2 February 2000, the Electoral Commissioner applied to be joined as a party in these proceedings. No objection was raised by the other parties. An order was made to that effect.

4 On 11 April 2000 President Judge O’Connor made various directions which include :

Within seven days thereafter the Tribunal to consider the question of who the proper respondents or respondents to the proceedings are and to invite submissions as necessary from the parties and also to invite the State Electoral…