Lazarus v The State of New South Wales (No 2) [2018] NSWSC 1612

Lazarus v The State of New South Wales (No 2) [2018] NSWSC 1612

The amended statement of claim was dismissed pursuant to r 13.4 of the Uniform Civil Procedure Rules 2005 (NSW) because the pleadings were not amendable to rectification and could not give rise to a cause of action in respect of Magistrate Keogh's conduct. The plaintiff is to pay the first and third defendants' costs of the notice of motion. The plaintiff is afforded an opportunity to make submissions regarding costs of the proceedings, to be determined subsequently.

Parties
Plaintiff / Respondent: Sandra Lazarus; First Defendant / Applicant on Motion: State of New South Wales; Second Defendant: Local Court of New South Wales; Third Defendant: Magistrate Joanna Keogh
Jurisdiction
Australia
Judgment Date
25 October 2018
Procedural Posture
Civil / Post Motion Orders
Outcome
statement of claim dismissed; costs for notice of motion awarded; further directions for submissions on costs
Legal Topics
Dismissal, Costs, Directions
Civil Procedure Dismissal Costs Directions

Case Brief

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Parties

Sandra Lazarus

Plaintiff / Respondent

State of New South Wales

First Defendant / Applicant on Motion

Local Court of New South Wales

Second Defendant

Magistrate Joanna Keogh

Third Defendant

Procedural Posture

Civil / Post Motion Orders

Legal Issues

  1. 1 Whether the amended statement of claim should be summarily dismissed
  2. 2 Whether the first and third defendants are entitled to costs
  3. 3 Whether the plaintiff should be given an opportunity to make submissions on costs

Ratio Decidendi

The amended statement of claim was dismissed pursuant to r 13.4 of the Uniform Civil Procedure Rules 2005 (NSW) because the pleadings were not amendable to rectification and could not give rise to a cause of action in respect of Magistrate Keogh's conduct. The plaintiff is to pay the first and third defendants' costs of the notice of motion. The plaintiff is afforded an opportunity to make submissions regarding costs of the proceedings, to be determined subsequently.

Court Disposition

statement of claim dismissed; costs for notice of motion awarded; further directions for submissions on costs

Orders

  • The plaintiff's amended statement of claim filed 11 September 2017 be dismissed pursuant to r 13.4 of the Uniform Civil Procedure Rules 2005 (NSW).
  • The plaintiff to pay the first and third defendants' costs of the notice of motion filed 15 September 2017.