Lazarus v Independent Commission Against Corruption (No 2)

1. [1]

   HIS HONOUR: By a statement of claim filed 31 July 2017 (“the statement of claim”), Sandra Lazarus (“the first plaintiff”), Michelle Lazarus (“the second plaintiff”) and Jessica Lazarus (“the third plaintiff”) (collectively, “the plaintiffs”) brought proceedings seeking the removal of reports in relation to investigations conducted by the Independent Commission Against Corruption (“the first defendant”) and the removal of references to that investigation, compensation, damages and other forms of relief against the first defendant and Michael Kane (“the second defendant”). An affidavit was sworn by the first plaintiff dated 31 July 2017 supporting and verifying the statement of claim (to which there were 17 annexures).

2. [2]

   By a notice of motion filed 31 August 2017 (“the notice of motion”), the first defendant sought the following orders:

3. [3]

   The Court delivered judgment on 28 June 2018, finding it was appropriate that summary dismissal be granted in the circumstances: Lazarus v Independent Commission Against Corruption [2018] NSWSC 997 (“Lazarus v ICAC No 1”).

4. [4]

   The Court made the following statements, findings and directions at [81]-[84]:

5. [5]

   In response to those directions, the first defendant provided short minutes of order on 12 July 2018, in the following terms:

6. [6]

   The first defendant also provided supplementary submissions in accordance with the directions of the Court dealing with whether the plaintiffs should be given an opportunity to make submissions on costs of the proceedings (being the fourth prayer for relief) and as to the merits of that application for costs.

7. [7]

   As to the first consideration, the first defendant made the following submissions:

8. [8]

   Bearing in mind those submissions, the Court shall make directions affording the plaintiffs the opportunity to make submissions confined to the fourth prayer for relief, namely, whether the first defendant should receive costs of the proceedings. The Court makes the orders proposed in terms of the first and second paragraphs of the aforementioned short minutes of order.

ORDERS AND DIRECTIONS

1. [9]

   The Court makes the following orders and directions:

   1. (1)

      The plaintiffs’ statement of claim filed 31 July 2017 be dismissed pursuant to r 13.4 of the Uniform Civil Procedure Rules 2005 (NSW).

   2. (2)

      The plaintiffs to pay the first defendant’s costs of the notice of motion filed 31 August 2017.

   3. (3)

      The first defendant shall serve the plaintiffs on or before Tuesday, 30 October 2018 at 4pm with a copy of this judgment, the judgment in Lazarus v Independent Commission Against Corruption [2018] NSWSC 997, the supplementary written submissions of the first defendant and the short minutes of order dated 11 July 2018.

   4. (4)

      The plaintiffs shall make any submissions as to the fourth prayer for relief in the notice of motion on or before Tuesday, 13 November 2018 at 4pm.

   5. (5)

      The Court will determine the remaining question as to costs on the papers based upon the supplementary written submissions of the first defendant and any written submissions received by the plaintiffs in accordance with these directions.