Lazarus v Independent Commission Against Corruption [2018] NSWCA 262

Lazarus v Independent Commission Against Corruption [2018] NSWCA 262

The application to vacate the hearing date was refused because the applicants failed to establish utility in granting further time to pursue a merit advice for Legal Aid purposes; the merits of their judicial review claims did not justify further delay given procedural history and the status of the pleaded case.

Parties
First Applicant: Sandra Lazarus; Second Applicant: Michelle Lazarus; Respondent: Independent Commission Against Corruption
Jurisdiction
Australia
Judgment Date
08 November 2018
Procedural Posture
Application for Judicial Review / Interlocutory Application to Vacate Hearing Date
Outcome
Application to vacate hearing date refused with costs.
Legal Topics
Vacation of Hearing Date, Judicial Review, Legal Aid Application, Merit Advice
Civil Procedure Vacation of Hearing Date Judicial Review Legal Aid Application Merit Advice

Case Brief

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Parties

Sandra Lazarus

First Applicant

Michelle Lazarus

Second Applicant

Independent Commission Against Corruption

Respondent

Procedural Posture

Application for Judicial Review / Interlocutory Application to Vacate Hearing Date

Legal Issues

  1. 1 Whether hearing date should be vacated to allow counsel to provide merit advice for Legal Aid application
  2. 2 Whether further delay is justified given procedural history
  3. 3 Whether applicants' claims for judicial review disclose sufficient merit to warrant adjournment

Ratio Decidendi

The application to vacate the hearing date was refused because the applicants failed to establish utility in granting further time to pursue a merit advice for Legal Aid purposes; the merits of their judicial review claims did not justify further delay given procedural history and the status of the pleaded case.

Court Disposition

Application to vacate hearing date refused with costs.

Orders

  • Refuse the application to vacate the hearing date.
  • Applicants to pay the second and third respondents' costs of that application.