Lazarus v Independent Commission Against Corruption (No 2) [2018] NSWSC 1613

Lazarus v Independent Commission Against Corruption (No 2) [2018] NSWSC 1613

Because the earlier judgment found the plaintiffs' statement of claim disclosed no reasonable cause of action and was not amendable, the Court dismissed the statement of claim under r 13.4 of the Uniform Civil Procedure Rules 2005 (NSW) and ordered the plaintiffs to pay the first defendant's costs of the notice of motion. Given the first defendant's supplementary submissions and the plaintiffs' unrepresented status, the Court directed that the plaintiffs be afforded an opportunity to make submissions confined to the remaining question of costs of the proceedings.

Jurisdiction
Australia
Judgment Date
25 October 2018
Procedural Posture
Common Law; Civil Procedure / Notice of Motion for Dismissal of Statement of Claim and Costs; Orders and Directions
Outcome
Statement of claim dismissed; costs of the notice of motion awarded to the first defendant; directions made for determination of the remaining costs issue on the papers.
Legal Topics
['dismissal of Statement of Claim' 'summary Dismissal' 'costs of Notice of Motion' 'directions for Submissions on Costs']
['civil Procedure' 'costs'] ['dismissal of Statement of Claim' 'summary Dismissal' 'costs of Notice of Motion' 'directions for Submissions on Costs']

Case Brief

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Procedural Posture

Common Law; Civil Procedure / Notice of Motion for Dismissal of Statement of Claim and Costs; Orders and Directions

Legal Issues

  1. 1 ["Whether the plaintiffs' statement of claim filed 31 July 2017 should be dismissed pursuant to r 13.4 of the Uniform Civil Procedure Rules 2005 (NSW)." "Whether the plaintiffs should pay the first defendant's costs of the notice of motion filed 31 August 2017." "Whether the plaintiffs should be given an opportunity to make submissions on the first defendant's application for costs of the proceedings."]

Ratio Decidendi

Because the earlier judgment found the plaintiffs' statement of claim disclosed no reasonable cause of action and was not amendable, the Court dismissed the statement of claim under r 13.4 of the Uniform Civil Procedure Rules 2005 (NSW) and ordered the plaintiffs to pay the first defendant's costs of the notice of motion. Given the first defendant's supplementary submissions and the plaintiffs' unrepresented status, the Court directed that the plaintiffs be afforded an opportunity to make submissions confined to the remaining question of costs of the proceedings.

Court Disposition

Statement of claim dismissed; costs of the notice of motion awarded to the first defendant; directions made for determination of the remaining costs issue on the papers.

Orders

  • ["The plaintiffs' statement of claim filed 31 July 2017 be dismissed pursuant to r 13.4 of the Uniform Civil Procedure Rules 2005 (NSW)." "The plaintiffs to pay the first defendant's costs of the notice of motion filed 31 August 2017." 'The first defendant shall serve the plaintiffs on or before Tuesday, 30 October...