Sandra Lazarus, Michelle Lazarus and Jessica Lazarus v Director of the Independent Commission Against Corruption (No 2) [2015] NSWSC 1390

Supreme Court New South Wales

Medium Neutral Citation: Sandra Lazarus, Michelle Lazarus and Jessica Lazarus v Director of the Independent Commission Against Corruption (No 2) [2015] NSWSC 1390 Hearing dates: 22 September 2015 Date of orders: 22 September 2015 Decision date: 22 September 2015 Jurisdiction: Common Law Before: Bellew J Decision: The proceedings are dismissed. The plaintiffs are to pay the defendant's costs of the proceedings, as agreed or assessed. Within 24 hours of receipt of a revised copy of my judgment, the solicitor for the defendant is to forward a copy of that judgment to each of the plaintiffs by prepaid post. Catchwords: PRACTICE AND PROCEDURE - Application for dismissal of proceedings for want of due despatch – Where majority of causes of action brought by the plaintiffs had previously been dismissed – Where remaining paragraph of the statement of claim was struck out and plaintiffs were given leave to re-plead that cause of action – Failure on the part of the plaintiffs to comply with orders of the Court to file an amended statement of claim – Where failure and delay was to be assessed against a background of previous failures and delays on the part of the plaintiffs – Proceedings dismissed Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 Cases Cited: Birkett v James [1978] AC 297 Micallef v ICI Australia Operations Pty Ltd [2001] NSWCA 274 Sandra Lazarus, Michelle Lazarus and Jessica Lazarus v Director of the Independent Commission Against Corruption [2015] NSWSC 1265 Stollznow v Calvert [1980] 2 NSWLR 749 Category: Principal judgment Parties: Sandra Lazarus – Plaintiff Michelle Lazarus - Plaintiff Jessica Lazarus - Plaintiff Director of Independent Commission Against Corruption - Defendant Representation: Counsel: Plaintiffs – No appearance Defendant - Mr E Chrysostomou