Johnston v The Greens NSW Incorporated

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Johnston v The Greens NSW Incorporated [2020] NSWCA 189

Hearing dates:

21 August 2020

Date of orders:

21 August 2020

Decision date:

21 August 2020

Before:

Basten JA, Simpson AJA

Decision:

(1)   Vacate the hearing of the application for leave to appeal.

(2)   Direct that if the matter is not discontinued within 28 days, the applicant shall notify the Registrar as to the status of the proceedings.

(3)   Give leave to each active party to list the matter before the Registrar for further directions on five working days’ notice to the other active parties.

(4)   Otherwise dismiss the amended notice of motion.

(5)   No order as to the costs of today.

Catchwords:

PRACTICE AND PROCEDURE – application for leave to appeal – settlement agreement – outstanding issue as to the parties to the agreement – whether proceeding to be discontinued wholly or in part – application to vacate hearing of leave application – costs

Legislation Cited:

Uniform Civil Procedure Rules 2005 (NSW), rr 12.1; 51.56

Category:

Procedural and other rulings

Parties:

Daryl Lindsay Johnston (Applicant)
The Greens NSW Incorporated (First Respondent)
Christopher Maltby (Second Respondent)
Amalina Wallace (Third Respondent)
David Shoebridge (Fourth Respondent)
Abigail Boyd (Fifth Respondent)
Dawn Walker (Sixth Respondent)
Riki Scanlan (Seventh Respondent)
David Mallard (Eighth Respondent)
Christopher David Harris (Ninth Respondent)

Representation:

Counsel:
Ms R Mansted (Fourth and Fifth Respondents)

Solicitors:
Applicant Self-represented
Marque Lawyers (First Respondent)
Deutsch Miller (Fourth and Fifth Respondents)
Chalk & Behrendt (Sixth Respondent)
Seventh, Eighth and Ninth Respondents self-represented

File Number(s):

2020/52723

 Decision under appeal 

Court or tribunal:

Supreme Court

Jurisdiction:

Equity

Citation:

[2019] NSWSC 215; [2020] NSWSC 10

Date of Decision:

6 March 2019; 16 January 2020

Before:

Robb J

File Number(s):

2019/67490

Judgment

1. THE COURT: In May 2018 The Greens NSW, a political party seeking to field candidates in a forthcoming election for the Legislative Council, held a pre-selection process. The third person on the ticket adopted as a result of that process was Mr Jeremy Buckingham MP. On 20 December 2018 he resigned his membership of The Greens NSW. As a result, it was necessary to adopt a process which would produce an alternative candidate. The question was whether he should simply be replaced by the person in position number four, or whether there should be a recount of the pre-selection ballot. The party adopted the former position.

2. The present applicant, Daryl Lindsay Johnston, considered that to be the wrong approach under the party’s Constitution. He and another member of the party commenced proceedings in the Equity Division on 1 March 2019. For the proceedings to have utility, it was necessary for them to be heard and determined with great urgency in order to allow the party to lodge the necessary papers with the Electoral Commission in time for them to participate in the election. The papers had to be lodged by 6 March. With commendable expedition, and with the co-operation of the parties, the proceedings…