Lazarus and Ors v Independent Commission Against Corruption and Anor; Lazarus v State of New South Wales and Ors [2018] NSWSC 138

Lazarus and Ors v Independent Commission Against Corruption and Anor; Lazarus v State of New South Wales and Ors [2018] NSWSC 138

There is no proper basis to vacate the hearing of summary dismissal applications as the High Court removal application does not relate directly to these proceedings or justify disregarding court orders and procedural obligations.

Parties
Plaintiff: Jessica Lazarus; Plaintiff: Michelle Lazarus; Plaintiff: Sandra Lazarus; First Defendant: Independent Commission Against Corruption; Second Defendant: Michael Kane; First Defendant: State of New South Wales; Second Defendant: Local Court of New South Wales; Third Defendant: Joanna Keogh
Jurisdiction
Australia
Judgment Date
12 February 2018
Procedural Posture
Civil Procedure Interlocutory / Application to Vacate Hearing of Summary Dismissal Applications
Outcome
Applications to vacate hearing dates dismissed.
Legal Topics
Application to Vacate Hearing, Summary Dismissal, Urgent Interlocutory Applications, Compliance With Court Orders
Civil Procedure Application to Vacate Hearing Summary Dismissal Urgent Interlocutory Applications Compliance With Court Orders

Case Brief

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Parties

Jessica Lazarus

Plaintiff

Michelle Lazarus

Plaintiff

Sandra Lazarus

Plaintiff

Independent Commission Against Corruption

First Defendant

Michael Kane

Second Defendant

State of New South Wales

First Defendant

Local Court of New South Wales

Second Defendant

Joanna Keogh

Third Defendant

Procedural Posture

Civil Procedure Interlocutory / Application to Vacate Hearing of Summary Dismissal Applications

Legal Issues

  1. 1 Whether the hearings of summary dismissal applications should be vacated due to filing of a High Court removal application and alleged overlap of proceedings
  2. 2 Whether filing of a High Court removal application justifies non-compliance with Supreme Court orders

Ratio Decidendi

There is no proper basis to vacate the hearing of summary dismissal applications as the High Court removal application does not relate directly to these proceedings or justify disregarding court orders and procedural obligations.

Court Disposition

Applications to vacate hearing dates dismissed.

Orders

  • Plaintiffs' Notice of Motion in each proceedings dismissed.
  • Plaintiffs to pay the costs of the Defendant with respect to each Notice of Motion.