Lazarus v Northern Sydney Local Health District [2021] NSWSC 1453

Supreme Court New South Wales

Medium Neutral Citation: Lazarus v Northern Sydney Local Health District [2021] NSWSC 1453 Hearing dates: 27 May 2021 Decision date: 10 November 2021 Jurisdiction: Common Law Before: Walton J Decision: (1) Pursuant to rule 13.4(1)(b) of the UCPR the summons filed 18 January 2021 is dismissed. (2) The plaintiffs to pay the costs of the defendants as agreed or as assessed. Catchwords: CIVIL PROCEDURE - default judgment – Summons - Judicial Review - Notice of Motion seeking summary disposal - No reasonable cause of action disclosed - Rule 13.4 Uniform Civil Procedure Rules (NSW) 2005 - Summons dismissed Legislation Cited: Civil Procedure Act 2005 (NSW) Crimes (Appeal and Review) Act 2001 (NSW) Crimes Act 1900 (NSW) Independent Commission Against Corruption Act 1988 (NSW) Judiciary Act 1903 (Cth) Oaths Act 1900 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Victims Rights and Support Act 2013 (NSW) Cases Cited: Co-ownership Land Development Pty Ltd v Queensland Estates Pty Ltd (1973) 1 ALR 201 Cox v Journeaux (No 2) (1935) 52 CLR 713 Dietrich v The Queen (1992) 177 CLR 292 Ex parte Walsh; Re Yates (1925) 37 CLR 36 at 131 General Steel Industries Inc v Cmr for Railways (NSW) (1964) 112 CLR 125 Green v Lord Penzance (1880-81) LR 6 App Cas 657 Jago v The District Court of NSW (1989) 168 CLR 23 Lazarus v Director of Public Prosecutions (NSW) [2015] NSWSC 426 Lazarus v Independent Commission Against Corruption [2019] NSWCA 100 Lazarus v Kane [2019] NSWCA 194 Lee v The Queen (2014) 253 CLR 455; [2014] HCA 20 Papps v Mahon [1966] NZLR 288 Paul Ernest Simmons v Protective Commissioner of NSW (also known as NSW Trustee and Guardian) [2012] NSWSC 455 Paul Ernest Simmons v Protective Commissioner of NSW (also known as NSW Trustee and Guardian) [2012] NSWSC 455 South Eastern Sydney Local Health District v Lazarus [2020] NSWCA 183 Category: Principal judgment Parties: Sandra Lazarus (first plaintiff) Michelle Lazarus (second plaintiff) Jessica Lazarus (the third plaintiff) Northern Sydney Local Health District (first defendant) South Eastern Sydney Local Health District (second defendant) Representation: Counsel: Robertson Saxton Osborne (first and second defendants)