Tanti v Davies

Tanti v Davies - [1995] QSC 298 - QSC 1995 case summary — Zoe

Parties

Applicant/Plaintiff:

# Tanti

Respondent/Defendant:

Davies

Legislation Cited (5)

Elections Act 1983

Electoral Act 1918

Electoral Act 1992

People Act 1832

Parliamentary Voters Registration Act 1843

Cases Cited (9)

In Bridge v. Bowen [1916] HCA 38; (1916) 21 CLR 582, Griffiths CJ at p.586 referred to the unwritten law setting forth the grounds upon which courts will interfere with elections which he said was sometimes called "the common law of elections". He considered what the legal consequence would be of an omission in an electoral statute to deal specifically with a particular event relating to the election and said at p.587:

Reference was made to authority to support the contention that as a matter of statutory construction the words "real place of living" used in s.105(3) of the Electoral Act 1992 can be defined by direct reference to the Commonwealth legislation and the repealed Elections Act 1983. Attention was drawn to observations in Lennon v. Gibson & Howes Ltd (1919) 26 CLR 285 at 287 and [1919] UKPCHCA 2; (1919) AC 709 at 711. Connolly J cited such authority with approval in R. v. Caldwell and Kinross [1986] 2 Qd R 397 at 399. Reference was also made to the observation of Fullagar J in Gale v. Federal Commissioner of Taxation [1960] HCA 18; (1960) 102 CLR 1 at p.12 that "nice distinctions ought not be drawn between different forms of words in statutes in pari materia". Reference was also made to the observations of Lockhart J in Riordan v. Parole Board of the Australian Capital Territory [1928] ArgusLawRp 86; (1981) 34 ALR 322 at 329:

I recommend that urgent consideration be given to removing ambiguity and any administrative problems in the way of the Commission strictly complying with what appear to be the mandatory requirements of s.110(3), to which I have referred, prior to the next election. I am particularly concerned at the prospect of challenges being mounted on the ground that failure to comply strictly with s.110(3) in the course of an election involves a departure from subsisting electoral law and thus renders the election void should the registration procedure for "special postal voters" adopted by the Commission be continued without clear statutory authority. For a discussion of the considerations which might then arise, I refer to Victoria v. The Commonwealth and Connors [1975] HCA 39; (1975) 134 CLR 81 at pp.161-162 and 178-189.

(1916) 21 CLR 582

(1994) 53 FCR 156

(1919) 26 CLR 285

(1960) 102 CLR 1

(1981) 34 ALR 322

(1975) 134 CLR 81

At a glance

Court

Decision date

Before

Source

Judgment (13 paragraphs)

Parties

Legislation Cited (5)

Cases Cited (9)