NSW Caselaw
New South Wales Court of Appeal
CITATION: MARKISIC (OLIVER) v THE COMMONWEALTH [2006] NSWCA 150
HEARING DATE(S): 23 May 2006
JUDGMENT DATE: 16 June 2006
JUDGMENT OF: Ipp JA at 1; Basten JA at 1
DECISION: (1) Summons dismissed; (2) The claimant to pay the costs of the Commonwealth, to be assessed on a party and party basis
CATCHWORDS: CONTEMPT – charge dismissed – right of appeal – Supreme Court Act 1970 (NSW), s101(5) and (6) – motion that certain persons show cause as to why they should not be held in contempt of court struck out –charge of contempt criminal in nature – whether striking out of motion means that the persons were 'found not to have committed contempt'
Criminal Appeal Act 1912 (NSW), s5A, 5F LEGISLATION CITED: Family Law (Child Abduction Convention) Regulation 1986 (Cth), reg 2, reg 8, reg 9 Supreme Court Act 1970 (NSW), s101, s101A
Harkianakis v Skalkos (1997) 42 NSWLR 22 CASES CITED: R v Cheng (1999) 48 NSWLR 616 Wentworth v Rares & Ors [No. 2] (unrep, Court of Appeal, 13 December 1990) Witham v Holloway (1995) 183 CLR 525
PARTIES: Oliver Markisic - Claimant Commonwealth of Australia - Opponent
FILE NUMBER(S): CA 40712/05
COUNSEL: Self Represented - Claimant R. Beech-Jones - Opponent
SOLICITORS: Self Represented - Claimant Australian Government Solicitor, Sydney - Opponent
LOWER COURT JURISDICTION: Supreme Court - Common Law Division
LOWER COURT FILE NUMBER(S): SC 20369/01
LOWER COURT JUDICIAL OFFICER: Hidden J
LOWER COURT DATE OF DECISION: 11 August 2005 25 November 2005
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