Lazarus v Independent Commission Against Corruption [2018] NSWCA 66

Lazarus v Independent Commission Against Corruption [2018] NSWCA 66

Hearing date vacated to accommodate applicants’ legal practitioners’ ill-health; delay must be accommodated for fair representation; stay of sentence in operation as per s 69C Supreme Court Act 1970 (NSW).

Jurisdiction
Australia
Judgment Date
27 March 2018
Procedural Posture
Judicial Review / Application to Vacate Hearing Date
Outcome
Hearing date vacated; fresh timetable for submissions ordered; costs to be costs in the proceedings.
Legal Topics
['application to Vacate Hearing' 'stay of Execution of Sentence' 'judicial Review']
['civil Procedure'] ['application to Vacate Hearing' 'stay of Execution of Sentence' 'judicial Review']

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Procedural Posture

Judicial Review / Application to Vacate Hearing Date

Legal Issues

  1. 1 ["Whether hearing date should be vacated due to applicants' legal representatives' ill-health" 'Whether stay of execution under s 69C Supreme Court Act 1970 (NSW) operates on sentence imposed' 'Whether amendment of summons affects commencement date for stay provisions']

Ratio Decidendi

Hearing date vacated to accommodate applicants’ legal practitioners’ ill-health; delay must be accommodated for fair representation; stay of sentence in operation as per s 69C Supreme Court Act 1970 (NSW).

Court Disposition

Hearing date vacated; fresh timetable for submissions ordered; costs to be costs in the proceedings.

Orders

  • ['Vacate the hearing date fixed for 9 April 2018.' 'Order applicants to file and serve written submissions by 13 April 2018.' 'Order respondents to file and serve written submissions by 27 April 2018.' 'Any intervener submissions to be filed and served by 4 May 2018.' "Proceeding stood over to Registrar's list on 7...