Lazarus v Independent Commission Against Corruption [2019] NSWCA 100

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Lazarus v Independent Commission Against Corruption [2019] NSWCA 100 Hearing dates: 22 and 23 November 2018 Date of orders: 08 May 2019 Decision date: 08 May 2019 Before: Basten JA at [1]; Meagher JA at [2]; Sackville AJA at [76] Decision: (1) Dismiss the applicants' new further amended summons.

(2) Dismiss the applicants' notice of motion filed 19 November 2018.

(3) Dismiss the applicants' application to amend the new further amended summons to include an order made on 18 August 2018.

(4) Dismiss the second and third respondents' notice of motion filed 9 November 2018.

(5) Applicants pay the second and third respondents' costs of the proceedings. Catchwords: JUDICIAL REVIEW – supervisory jurisdiction – orders of District Court on appeal from Local Court – appeal against conviction – where appellant failed to appear and appeal summarily dismissed – whether jurisdictional error

JUDICIAL REVIEW – supervisory jurisdiction – orders of District Court on appeal from Local Court – appeal against sentence – where judge correctly understood extent of available evidence – where evidence from trial voluminous – where parties directed to put material relied on before the Court – where parties had sufficient opportunity to do so – whether jurisdictional error

CIVIL PROCEDURE – recusal application – apprehended bias – where judge expressed preliminary view as to prospects of success of judicial review proceeding in interlocutory application to vacate hearing date – no basis for reasonable apprehension of bias – no question of principle