Page 1194 - Week 04 - Thursday, 21 April 1994

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"(6) Unless the Court orders otherwise, if an election application is withdrawn, the applicant is liable to pay the costs of the respondent in relation to that application and the leave application.

"(7) In determining a leave application, the Court shall inquire into the reasons for it and determine whether it was -

(a) the result of an agreement, arrangement or understanding; or

(b) in consideration of -

(i) the seat in the Assembly that is in issue being vacated at any time in the future;

(ii) the withdrawal of any other election application; or

(iii) any other matter.

"(8) The Court shall publish its reasons for a determination as if it were a judgment and furnish a copy of them to the Commissioner.

"(9) If, before the hearing of an election application, a respondent other than the Commissioner -

(a) dies or gives the prescribed notice that he or she does not intend to oppose the application; or

(b) resigns from, or otherwise ceases to hold, the seat in the Assembly that is in issue;

then -

(d) the person, or his or her personal representative, shall -

(i) publish notice of that fact in a daily newspaper circulating in the electorate to which the election application relates; and

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