Lazarus v Independent Commission Against Corruption [2018] NSWSC 997

Supreme Court New South Wales

Medium Neutral Citation: Lazarus v Independent Commission Against Corruption [2018] NSWSC 997 Hearing dates: 15 February 2018 Date of orders: 28 June 2018 Decision date: 28 June 2018 Jurisdiction: Common Law Before: Walton J Decision: The first defendant shall bring in short minutes of order reflecting this judgment within 14 days of the publication of this judgment. Catchwords: CIVIL PROCEDURE – summary – dismissal – no reasonable cause of action – abuse of process in the alternative – UCPR r 13.4 – removal of reports – civil penalty – compensation and damages for criminal act – statutory immunity – bad faith –whether false or misleading statements – exercise of power and official duties – validity of prosecutions – prior disposal of issue – protection from liability under the Independent Commission Against Corruption Act 1999 (NSW) – no breach of statutory duty – no claim in negligence – in any event no basis claim in negligence – statement of claim dismissed – costs Legislation Cited: Civil Liability Act 2002 (NSW) Crimes Act 1900 (NSW) Director of Public Prosecutions Act 1986 (NSW) Independent Commission Against Corruption Act 1988 (NSW) Independent Commission Against Corruption Amendment (Validation) Act 2015 (NSW) Limitation Act 1969 (NSW) Mental Health Act 1986 (VIC) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Byrne v Australian Airlines Ltd (1995) 185 CLR 410 Cran v State of New South Wales (2004) 62 NSWLR 95; [2004] NSWCA 92 Independent Commission Against Corruption v Cunneen (2015) 256 CLR 1; [2015] HCA 14 Lazarus and Ors v Independent Commission Against Corruption and Anor; Lazarus v State of New South Wales and Ors [2018] NSWSC 138 Lazarus v Director of Public Prosecutions NSW [2016] NSWCA 47 Lazarus v Independent Commission Against Corruption (2017) 94 NSWLR 36; [2017] NSWCA 37 Lazarus v New South Wales Director of Public Prosecutions [2015] NSWSC 1116 Lazarus, Lazarus & Lazarus v Kane & Ors [2017] NSWSC 1150 National Australia Bank Ltd v Charlton [2018] NSWSC 157 O'Connor v SP Bray Ltd (1937) 56 CLR 464 Perera v Genworth Financial Mortgage Insurance Pty Ltd (2017) 94 NSWLR 83; [2017] NSWCA 19 Sandra Lazarus, Michelle Lazarus and Jessica Lazarus v Director of the Independent Commission Against Corruption [2015] NSWSC 1265 Stuart v Kirkland-Veenstra (2009) 237 CLR 215; [2009] HCA 15 Sullivan v Moody (2001) 207 CLR 562; [2001] HCA 59 Tame v State of NSW (2002) 211 CLR 317; [2002] HCA 35 Thompson v Vincent (2005) 153 A Crim R 577; [2005] NSWCA 219 Waterhouse v The Independent Commission Against Corruption (No. 3) [2015] NSWSC 261 Category: Procedural and other rulings Parties: Sandra Lazarus (first plaintiff / first respondent) Michelle Lazarus (second plaintiff / second respondent) Jessica Lazarus (third plaintiff / third respondent) Independent Commission Against Corruption (first defendant / applicant on motion) Michael Kane (second defendant) Representation: Counsel: J Davidson (first defendant / applicant on motion)