Lazarus v The State of New South Wales (No 2) [2018] NSWSC 1612

Supreme Court New South Wales

Medium Neutral Citation: Lazarus v The State of New South Wales (No 2) [2018] NSWSC 1612 Hearing dates: 16 February 2018 Date of orders: 25 October 2018 Decision date: 25 October 2018 Jurisdiction: Common Law Before: Walton J Decision: The Court makes the following orders and directions:

(1) The plaintiff's amended statement of claim filed 11 September 2017 be dismissed pursuant to r 13.4 of the Uniform Civil Procedure Rules 2005 (NSW).

(2) The plaintiff to pay the first and third defendants' costs of the notice of motion filed 15 September 2017.

(3) The State of NSW shall serve Ms Lazarus on or before Tuesday, 30 October 2018 at 4pm with a copy of this judgment, the judgment in Lazarus v The State of New South Wales [2018] NSWSC 998, the supplementary written submissions of the State of NSW and Magistrate Keogh and the short minutes of order.

(4) Ms Lazarus shall make any submissions as to the fourth prayer for relief of the notice of motion on or before Tuesday, 13 November 2018 at 4pm.

(5) The Court shall determine the remaining question as to costs on the papers based upon the supplementary written submissions of the State of NSW and Magistrate Keogh and any written submissions received by Ms Lazarus in accordance with these directions. Catchwords: CIVIL PROCEDURE – amended statement of claim dismissed – costs of the notice of motion – directions Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Lazarus v The State of New South Wales [2018] NSWSC 998 Category: Procedural and other rulings Parties: Sandra Lazarus (plaintiff / respondent) State of New South Wales (first defendant / applicant on motion) Local Court of New South Wales (second defendant) Magistrate Joanna Keogh (third defendant) Representation: Counsel: J Davidson (first and third defendants / applicant on motion)