‘Liberal Party failed us’: ejected candidates speak out

A class-action lawsuit lobbed at the NSW Liberal Party mid-election has divided the candidates left off ballots in September due to party negligence as some stay loyal despite the prospect of restitution.

Cessnock Councillor John Moores is leading a class action against the NSW Liberal Party with former Cessnock candidate Paul Paynter. Picture: Supplied

Former Liberal candidates leading a class-action against their party have accused its leadership of “cruel” negligence for which they await “apology” and “resolution”, although other disenfranchised councillors remain loyal.

On Monday, Sydney firm Centennial Lawyers submitted a statement of claim for a class-­action lawsuit in the Supreme Court with Liberal Cessnock Council candidate Paul Paynter and former Cessnock deputy mayor John Moores listed as lead plaintiffs.

They will argue the failure to nominate more than 140 candidates was a breach of contract due to the negligence of state Liberal administration.

The Australian first revealed Centennial was pondering a class-action in August.

“The events of August 2024 and the Council elections of September 2024 were an incredible disappointment to me personally and to all those who had worked so hard to have me and my colleagues elected. Serving the community was my whole life,” Mr Moores told The Australian.

“It was also highly embarrassing to me and my family. People would stop me in the street including when I was out shopping. I had to explain why a professional political party got it so wrong.”

In a joint statement the two men called the failure a blow to democracy.

“Peter Dutton appointed a new leadership team to the party head office after this debacle. But we are still waiting for an apology or an explanation and a resolution to this stuff up,“ they said. “The Liberal Party had only one job: to get its candidates elected.

“Never in our wildest dreams could we have imagined that we would be bringing a case against the party.

“The Liberal Party failed us. Through this case, we are hoping to make it right.”

Centennial’s principal solicitor George Newhouse is himself a former mayor, having led the Waverley council from 2006 to 2007 before running as the Labor candidate for Wentworth in 2007 against Malcolm Turnbull.

Former Blue Mountains councillor Roza Sage. Picture: Supplied

Former Shoalhaven Council deputy mayor Paul Ell. Picture: Supplied

Former Blue Mountains state Liberal MP Roza Sage was one of the Blue Mountains councillors cast from ballots in August. She still serves as president for one of the Blue Mountains Liberal branches and said she would not take part in the class-action.

“I think having legal action is a distraction at the moment to our federal campaign. Those people who were seen to be not working in the best interests of the Liberal Party at the time have been removed,” she said.

“I was incredibly disappointed, I’ll give it that. It was very, very disappointing, and I just had to put that aside and move forward with it, because there’s no use ruminating over something that you have no control over.

“I had my little moments of grief, but you just can’t look backwards. You’ve got to look forward.”

Former Shoalhaven Deputy Mayor Paul Ell said he had “dusted (himself) off” after the nominations fiasco and that he had no indication ahead of time the class-action would be launched, arguing it was unlikely to find traction among the majority of ousted candidates.

“I don’t know why people would be putting their energy into something like this,” he said. “Obviously there was a profound sense of disappointment of not being able to continue representing my community. It’s a position that I really relished, and it was such a wonderful opportunity to give back, do great good and contribute positively to the Shoalhaven.

“I’ve had enormous support from the party organisation. The Liberal Party has been very proactive in communicating with candidates. There’s been steps taken to ensure that candidates weren’t left out of pocket in terms of expenditure.

“I completely reject out of hand the idea that there’s been any abandonment.”

In a past interview with The Australian, Centennial Lawyers Mr Newhouse said a potential class-action would look to reimburse candidates for the potential pay they could have received should they have been elected.

“The refund of application fees is just the beginning,” he said.

“Councillors would expect to receive a fee of between $20,000 and over $100,000 each year for four years if they were successful. I’m pleased (the party has) ­acknowledged responsibility for the losses and damages to the careers of those whose nomination forms weren’t lodged (but) compensating those individuals for their losses speaks louder than words.”

The nomination fiasco had wide-ranging consequences that have rippled through to the federal election, with a complete lack of Liberal local representation in the Northern Beaches, Lane Cove, Camden, Campbelltown, Cessnock, Wollongong and the Blue Mountains. Many other regions saw partial losses among their candidates.

It led to a wave of infighting over alleged micromanaging by party leaders, and prompted a scathing review by former federal party director Brian Loughnane.

Former state director Richard Shield and president Don Harwin were booted from the party and replaced by former director Christopher Stone. Peter Dutton ultimately chose to place the state branch under federal administration, swinging party leadership factionally right in the process.