In a contested federal election application, the appeal examined whether voting process defects required annulment where the vote margin was narrow.
The majority adopted a substantive test requiring proof both of a statutory irregularity tied to entitlement and that a person not entitled to vote actually voted.
It held multiple disqualified ballots should be restored because the evidentiary record supported entitlement or failed to prove an entitlement defect on the required standard.
The remaining invalid votes did not meet the threshold to overturn the result.
The appeal was allowed, the cross-appeal was dismissed, and the fresh-evidence motion was dismissed.
