Lazarus v The State of New South Wales (No 2)

1. [1]

   HIS HONOUR: By an amended statement of claim filed 11 September 2017 (“ASOC”), Sandra Lazarus (“Ms Lazarus”) brought proceedings seeking, inter alia, damages from three defendants: the State of New South Wales (“the State of NSW”), the Local Court of New South Wales (“the Local Court”) and Magistrate Joanna Keogh (collectively, “the defendants”).

2. [2]

   By a notice of motion filed 15 September 2017 (“the notice of motion”), the State of NSW 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 The State of New South Wales [2018] NSWSC 998 (“Lazarus v NSW (No 1)”).

4. [4]

   The Court made the following statements, findings and directions at [67]-[70]:

5. [5]

   In response to those directions, the State of NSW and Magistrate Keogh provided short minutes of order on 12 July 2018, in the following terms:

6. [6]

   Those defendants also provided supplementary written submissions, dated 12 July 2018, in accordance with the directions of the Court dealing with whether Ms Lazarus 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 State of NSW and Magistrate Keogh made the following submissions:

8. [8]

   Bearing in mind those submissions, the Court shall make directions affording Ms Lazarus the opportunity to make submissions confined to the fourth prayer for relief, namely, whether the first and third defendants 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 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. (2)

      The plaintiff to pay the first and third defendants’ costs of the notice of motion filed 15 September 2017.

   3. (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. (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. (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.