Lazarus v Keneally [2023] NSWSC 349
The proceedings disclosed no reasonable cause of action, were an abuse of process, and were barred by judicial immunity; thus, they were summarily dismissed under the Uniform Civil Procedure Rules 2005 (NSW) rr 13.4(1)(b) and (c).
- Jurisdiction
- Australia
- Judgment Date
- 11 April 2023
- Procedural Posture
- Civil / Summary Disposal (motion to Dismiss/strike Out)
- Outcome
- Summons dismissed; refusal of leave to file notice of discontinuance; costs order against first and second plaintiffs.
- Legal Topics
- ['summary Disposal' 'dismissal of Proceedings' 'judicial Immunity' 'abuse of Process']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Civil / Summary Disposal (motion to Dismiss/strike Out)
Legal Issues
- 1 ['Whether leave should be granted to file notice of discontinuance' 'Whether the proceedings disclose no reasonable cause of action' 'Whether the proceedings are an abuse of process' 'Application of judicial immunity to declarations of criminal conduct by judicial officers']
Ratio Decidendi
The proceedings disclosed no reasonable cause of action, were an abuse of process, and were barred by judicial immunity; thus, they were summarily dismissed under the Uniform Civil Procedure Rules 2005 (NSW) rr 13.4(1)(b) and (c).
Court Disposition
Summons dismissed; refusal of leave to file notice of discontinuance; costs order against first and second plaintiffs.
Orders
- ['Refuse leave to the first and second plaintiffs to file the notice of discontinuance dated 23 November 2022' 'The summons filed 1 April 2022 is dismissed' "The first and second plaintiffs are to pay the fifth defendant's costs of the proceedings"]
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment