Lazarus, Lazarus & Lazarus v Kane & Ors [2017] NSWSC 1150

Supreme Court New South Wales

Medium Neutral Citation: Lazarus, Lazarus & Lazarus v Kane & Ors [2017] NSWSC 1150 Hearing dates: 23 August 2017 Date of orders: 24 August 2017 Decision date: 30 August 2017 Jurisdiction: Common Law Before: Wilson J Decision: 1. Pursuant to rule 13.4 of the Uniform Civil Procedure Rules 2005 the amended summons filed by the plaintiffs on 27 June 2017 is dismissed. 2. The plaintiffs are to pay the costs of the Motion. 3. The plaintiffs are to pay the second and third defendants' costs of the proceedings. Catchwords: CIVIL PROCEDURE – Notice of Motion seeking summary dismissal or strike out of Amended Summons – claim of vexatious proceedings made against entities – no grounds pleaded – no reasonable cause of action disclosed – issues raised already determined by a court – abuse of process – no point of principle Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1900 (NSW) Independent Commission Against Corruption Act 1988 (NSW) Independent Commission Against Corruption Amendment (Validation) Act 2015 (NSW) Vexatious Proceedings Act 2008 (NSW) Uniform Civil Procedure Rules 2005 Cases Cited: Dey v. Victorian Railways Commissioners (1949) 78 CLR 62 Duncan v Independent Commission Against Corruption (2015) 256 CLR 83 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Independent Commission Against Corruption v Cuneen (2015) 256 CLR 1; [2015] HCA 14 Lazarus v Director of Public Prosecutions (NSW) [2015] NSWCA 408 Lazarus v Director of Public Prosecutions NSW [2015] NSWSC 1776 Lazarus v DPP (NSW) [2015] NSWSC 426 Lazarus v Independent Commissioner Against Corruption [2017] NSWCA 37 Lazarus v NSW Director of Public Prosecutions [2015] NSWSC 1116 Lazarus v NSW Director of Public Prosecutions [2016] NSWCA 47 DPP v Lazarus (Local Court (NSW), Barnes LCM, 23 May 2014, unrep) Category: Procedural and other rulings Parties: Ms Sandra Lazarus – first plaintiff Ms Michelle Lazarus – second plaintiff Ms Jessica Lazarus – third plaintiff