Lazarus v Director of Public Prosecutions

[2015] NSWCA 162

Court of Appeal
Supreme Court

New South Wales

Case Name:	Lazarus v Director of Public Prosecutions
Medium Neutral Citation:	[2015] NSWCA 162
Hearing Date(s):	2 June 2015
Decision Date:	2 June 2015
Before:	Beazley P; Macfarlan JA
Decision:	Summons for leave to appeal stood over before Registrar for directions on Friday, 5 June at 9:30 am.
Catchwords:	LEAVE TO APPEAL – no question of principle – no appearance by applicant – medical condition
Category:	Procedural and other rulings
Parties:	Michelle Lazarus (Applicant) Director of Public Prosecutions (Respondent)
Representation:	Counsel: J Davidson (Respondent)   Solicitors: Solicitor for Public Prosecutions (Respondent)
File Number(s):	2015/145472
Decision under appeal:
Court or Tribunal:	Supreme Court
Citation:	Lazarus v DPP (NSW) [2015] NSWSC 487
Date of Decision:	28 April 2015
Before:	Wilson J
File Number(s):	2015/55904

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

JUDGMENT

1. THE COURT: The Court has been convened to hear a summons for leave to appeal from a decision of Wilson J made on 28 April 2015. Wilson J heard a notice of motion in which, amongst other things, the applicant, Ms Michelle Lazarus, sought the vacation of the hearing date of her judicial review proceedings, which are listed in the Common Law Division on 16 and 17 June 2015. Wilson J refused that application but made other orders relating to the preparation of the matter. It was from the refusal of the vacation of the hearing date that the summons for leave to appeal has been brought.

2. When the matter was called today, Ms Sandra Lazarus spoke, informing the Court that her sister, Michelle Lazarus, the applicant on the summons seeking leave to appeal, was hospitalised in the early hours of this morning due to her medical condition and has not been able to appear this morning.

3. In order to accommodate Michelle Lazarus’ present medical condition, the Court considers it is appropriate to stand the summons seeking leave to appeal over for mention and further directions before the Registrar on this coming Friday. It is important that on that occasion Michelle Lazarus arranges or authorises for medical evidence, both of her hospitalisation and her present medical condition, to be before the Court, so that the Court is in a position to know what orders and directions ought to be made for the hearing of the summons for leave to appeal.

4. As already noted, the hearing of Ms Lazarus’ judicial review proceedings is set for 16 and 17 June 2015 in the Common Law Division. Those dates remain. Having regard to her present condition, Ms Lazarus may wish to make a further application to the Common Law Division for the vacation of those hearing dates. That is a matter for her and is a matter upon which we make no comment, except to state that it is appropriate for us to point out, that from our own experience, it is likely that if such an application were to be made in the Common Law Division, the judge dealing with the matter would require medical evidence to support any such application.

5. The only order which this Court makes on the summons seeking leave to appeal is that the summons seeking leave to appeal is stood over before the Registrar for directions on Friday, 5 June at 9.30am.

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