Lazarus v Independent Commission Against Corruption [2019] NSWCA 100

Lazarus v Independent Commission Against Corruption [2019] NSWCA 100

The District Court was empowered to summarily dismiss the conviction appeals due to the applicants' failure to appear in court, and the exercise of that power did not reveal any jurisdictional error as procedural fairness was afforded and statutory authority existed. The sentence rehearing was conducted within jurisdiction, with parties afforded full opportunity to present their materials, and no constitutional, procedural, or independence-related defect in the District Court's process or orders was identified.

Parties
First Applicant: Sandra Lazarus; Second Applicant: Michelle Lazarus; First Respondent: Michael Kane; Second Respondent: Independent Commission Against Corruption; Third Respondent: Director of Public Prosecutions; Fourth Respondent: District Court of New South Wales; Fifth Respondent: Local Court of New South Wales
Jurisdiction
Australia
Judgment Date
08 May 2019
Procedural Posture
Judicial Review / Appeal in Court of Appeal From Supreme Court Orders on Review of District Court Criminal Appellate Decisions
Outcome
Application dismissed
Legal Topics
Supervisory Jurisdiction, Appellate Procedure, Jurisdictional Error, Recusal/apprehended Bias, Execution of Sentences, Statutory Powers and Interpretation
Criminal Law Judicial Review Civil Procedure Statutory Interpretation Constitutional Law Supervisory Jurisdiction Appellate Procedure Jurisdictional Error +3 more

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Parties

Sandra Lazarus

First Applicant

Michelle Lazarus

Second Applicant

Michael Kane

First Respondent

Independent Commission Against Corruption

Second Respondent

Director of Public Prosecutions

Third Respondent

District Court of New South Wales

Fourth Respondent

Local Court of New South Wales

Fifth Respondent

Procedural Posture

Judicial Review / Appeal in Court of Appeal From Supreme Court Orders on Review of District Court Criminal Appellate Decisions

Legal Issues

  1. 1 Whether summary dismissal of conviction appeals for failure to appear involved jurisdictional error
  2. 2 Whether dismissal of sentence appeal involved jurisdictional error due to District Court not considering all evidence
  3. 3 Whether District Court orders usurped judicial function or were incompatible with court integrity under Ch III of the Constitution

Ratio Decidendi

The District Court was empowered to summarily dismiss the conviction appeals due to the applicants' failure to appear in court, and the exercise of that power did not reveal any jurisdictional error as procedural fairness was afforded and statutory authority existed. The sentence rehearing was conducted within jurisdiction, with parties afforded full opportunity to present their materials, and no constitutional, procedural, or independence-related defect in the District Court's process or orders was identified.

Court Disposition

Application dismissed

Orders

  • Dismiss the applicants' new further amended summons.
  • Dismiss the applicants' notice of motion filed 19 November 2018.