A former ACT Senate hopeful has failed in a bid to sue a flyer distribution company, after he said its letterbox drops missed the "overwhelming majority of households in Canberra".
Anthony Pesec, who was an independent candidate for the Senate in the May 2019 federal election, on Tuesday had a dispute with Gaba Design Print Distribution Canberra thrown out of the ACT Civil and Administrative Tribunal (ACAT).
Mr Pesec claimed the business owed him in excess of $17,000 after some of his how-to-vote flyers were apparently discarded in the street rather than delivered to households.
He presented a tweet at the tribunal as evidence of this.
Mr Pesec said many voters had told him they did not receive his flyers at all, and he "polled better" in areas where his campaign manager had personally delivered them to letterboxes.
He said at least one person told him they had received his election information after the election was held, despite Gaba having assured him that all of his flyers would be delivered prior to election day.
Senior ACAT member Jann Lennard in her judgment said there was no independent evidence to prove the latter claim.
Gaba, in its terms and conditions, did not guarantee full distribution of flyers; but at the tribunal it established "widespread" distribution of Mr Pesec's flyers nonetheless. GPS tracking maps showed its distribution walkers had visited the majority of suburbs and houses in Canberra in the week prior to the election.
Ms Lennard dismissed Mr Pesec's application to ACAT.
"To be entitled to a refund of the entire cost of delivery and the entire cost of printing, the applicant would have to establish a breach of the contract so severe as to deprive him of any benefit from the contract," she said.
"The evidence does not support that conclusion."
Mr Pesec's campaign for a Senate seat was ultimately unsuccessful. A few days after the election in May last year, he accused Australian Electoral Commission staff of giving voters the wrong information about how to vote for him, and said it affected the number of votes he received.