In Sanders v Electoral Commission Queensland (No 2) [2024] QSC 215, Shorne Christopher Sanders, the applicant, sought to challenge the results of an election held for division 8 of the Bundaberg Regional Council, which he lost by a single vote. He filed an application to set aside the election results, arguing irregularities in the process, including insufficient staffing at polling stations leading to excessive waiting times and some voters abandoning the queues. The Supreme Court of Queensland, presided over by Judge Henry J, found that while the Electoral Commission’s failure to provide adequate staffing was a serious shortcoming, it was unnecessary to conclude that this failure breached the relevant legislation. Although the court did not overturn the election results, the application was deemed to have public importance, highlighting issues that affected the electoral process. Consequently, in considering the discretion over costs, the court decided against the Electoral Commission's application for Sanders to cover their costs due to the public interest element of the case and the Commission’s acknowledged inadequacies. No order as to costs was made.
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