Sandra Lazarus, Michelle Lazarus and Jessica Lazarus v Director of the Independent Commission Against Corruption [2015] NSWSC 1265

Supreme Court New South Wales

Medium Neutral Citation: Sandra Lazarus, Michelle Lazarus and Jessica Lazarus v Director of the Independent Commission Against Corruption [2015] NSWSC 1265 Hearing dates: 1 September 2015 Date of orders: 01 September 2015 Decision date: 01 September 2015 Jurisdiction: Common Law Before: Bellew J Decision: 1.Pursuant to rule 13.4(1)(b) of the Uniform Civil Procedure Rules 2005, I dismiss the proceedings brought by the plaintiffs insofar as those proceedings are contained in paras 1, 2, 3, 5, 6, 7, and 8 of the statement of claim filed on 9 February 2015.

2. Pursuant to Rule 14.28(1)(b) of the Rules, I strike out paragraph 4 of the statement of claim filed on 9 February 2015.

3.I grant leave to the plaintiffs to file and serve an amended statement of claim, restricted to the cause of action pleaded in paragraph 4 of the statement of claim filed on 9 February 2015, by 5:00 pm on 15 September 2015.

4. I stand the matter over for directions before me at 9.15am on 22 September 2015.

5. I grant liberty to any party to restore the matter to the list within 24 hours of contacting my Associate.

6. I order that the plaintiffs pay the defendant's costs of, and incidental to, the notice of motion, such costs to be payable on the ordinary basis.

7. I direct that the solicitor for the defendant forward to each of the plaintiffs either by email or by prepaid post, the details of these orders by 5:00pm today, 1 September 2015. Catchwords: PRACTICE AND PROCEDURE – Application for adjournment – Where proceedings brought by three plaintiffs – Where one plaintiff appeared before the court seeking an adjournment of the hearing of the notice of motion – Where medical certificates tendered in support of application – Where certificates stated that all three plaintiffs were unable to attend court – Where remaining two plaintiffs were present in the Registry and refused to enter Court – Unsatisfactory medical evidence – Application refused