Bhagat v Young; Bhagat v Murphy; Bhagat v Global Custodians Ltd

The plaintiffs in Bhagat v Young; Bhagat v Murphy; Bhagat v Global Custodians Ltd sought to sue the defendants over alleged prior impropriety in the defendants' conduct in their roles as judges and lawyers in a case that had occurred some years earlier. The plaintiffs claimed damages for negligence, breach of statutory duty, and deceit. The defendants sought to have the statements of claim dismissed, arguing that the plaintiffs' claims were barred by judicial immunity. The case was heard in the Federal Court of Australia.

The court was required to determine the extent of judicial immunity from suit and whether the plaintiffs could sue the defendants for their alleged prior impropriety. The court also had to consider whether an action for leave to prosecute a criminal information was available in these circumstances. The defendants argued that judicial immunity was absolute and precluded the plaintiffs' claims, while the plaintiffs contended that the immunity was limited and that they should be allowed to proceed with their claims.

The court found that judicial immunity applied to the defendants' conduct in their roles as judges and lawyers and that the plaintiffs' claims were barred by the immunity. The court held that judicial immunity was absolute and that the plaintiffs could not sue the defendants for their alleged prior impropriety. The court also found that an action for leave to prosecute a criminal information was not available in these circumstances. The statements of claim were dismissed with costs.

The court dismissed the plaintiffs' claims and ordered the plaintiffs to pay the defendants' costs. The court found that the defendants were entitled to immunity from suit for their conduct as judges and lawyers and that the plaintiffs' claims were barred by that immunity. The court also held that an action for leave to prosecute a criminal information was not available in these circumstances. The plaintiffs' statements of claim were dismissed in their entirety.