Lazarus v Independent Commission Against Corruption [2018] NSWSC 997

Lazarus v Independent Commission Against Corruption [2018] NSWSC 997

The statement of claim discloses no reasonable cause of action in tort, statutory duty, or otherwise, and is embarrassing. Criminal conduct does not in itself give rise to a civil cause of action. Statutory immunity under s 109 of the ICAC Act protects the defendants unless bad faith is properly pleaded and substantiated, which the statement of claim fails to do. The ICAC Act does not impose the specific statutory duties asserted. Any potential claim in negligence would be inconsistent with the public interest functions of ICAC and is unsupported by the pleaded facts.

Jurisdiction
Australia
Judgment Date
28 June 2018
Procedural Posture
Civil Procedure – Summary Dismissal Application / Judgment on Notice of Motion (summary Dismissal)
Outcome
Statement of claim dismissed; costs in favour of first defendant; first defendant to bring in short minutes of order reflecting judgment within 14 days.
Legal Topics
['summary Dismissal' 'abuse of Process' 'statutory Immunity' 'breach of Statutory Duty' 'negligence' 'icac Powers' 'removal of Reports' 'false or Misleading Statements' 'compensation and Damages']
['civil Procedure' 'administrative Law'] ['summary Dismissal' 'abuse of Process' 'statutory Immunity' 'breach of Statutory Duty' 'negligence' 'icac Powers' 'removal of Reports' 'false or Misleading Statements' 'compensation and Damages']

Case Brief

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Procedural Posture

Civil Procedure – Summary Dismissal Application / Judgment on Notice of Motion (summary Dismissal)

Legal Issues

  1. 1 ['Whether the statement of claim discloses any reasonable cause of action against the defendants' 'Whether summary dismissal should be ordered under UCPR r 13.4 for abuse of process or lack of cause of action' 'Whether any claim in negligence or breach of statutory duty is disclosed against the Independent Commission Against Corruption or its officers' 'Whether statutory immunity under s 109 of the ICAC Act 1988 (NSW) applies']

Ratio Decidendi

The statement of claim discloses no reasonable cause of action in tort, statutory duty, or otherwise, and is embarrassing. Criminal conduct does not in itself give rise to a civil cause of action. Statutory immunity under s 109 of the ICAC Act protects the defendants unless bad faith is properly pleaded and substantiated, which the statement of claim fails to do. The ICAC Act does not impose the specific statutory duties asserted. Any potential claim in negligence would be inconsistent with the public interest functions of ICAC and is unsupported by the pleaded facts.

Court Disposition

Statement of claim dismissed; costs in favour of first defendant; first defendant to bring in short minutes of order reflecting judgment within 14 days.

Orders

  • ['Statement of claim dismissed.' 'First defendant to bring in short minutes of order reflecting this judgment within 14 days of publication.' 'First defendant awarded costs on the motion.' 'Costs otherwise reserved as to subsequent orders.']