Lazarus v Director of Public Prosecutions NSW [2016] NSWCA 47

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Lazarus v Director of Public Prosecutions NSW [2016] NSWCA 47 Hearing dates: 14 March 2016 Decision date: 14 March 2016 Before: Basten JA at [1]; Ward JA at [22] Decision: (1) Refuse the application for leave to appeal.

(2) Applicant to pay the respondent's costs in this Court. Catchwords: CIVIL PROCEDURE – application for leave to appeal – supervisory jurisdiction – new issue raised as to validity of proceedings in Local Court – whether leave should be refused

CRIMINAL PROCEDURE – commencing summary prosecution – authority of officer of Independent Commission Against Corruption to issue court attendance notice – no statutory restriction of common law right to commence prosecution Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), s 11 Crimes (Sentencing Procedure) Act 1999 (NSW), s 12 Criminal Procedure Act 1986 (NSW), ss 14 Independent Commission Against Corruption Act 1988 (NSW), ss 13, 53, 70, 87; Pt 9; Sch 4, Pt 14 Supreme Court Act 1970 (NSW), s 69 Cases Cited: Balog v Independent Commission Against Corruption (1990) 169 CLR 625 Independent Commission Against Corruption v Cunneen [2015] HCA 14; 89 ALJR 475 Lodhi v Regina [2006] NSWCCA 121; 199 FLR 303 Wishart v Fraser (1941) 64 CLR 470 Category: Principal judgment Parties: Michelle Lazarus (Applicant) Director of Public Prosecutions NSW (First Respondent) Local Court NSW (Second Respondent) Representation: Counsel: Mr C Waterstreet (Applicant) Ms J Davidson (First Respondent) Submitting appearance (Second Respondent)