Markisic v Department of Community Services NSW & Ors [2006] NSWCA 106

New South Wales Court of Appeal

CITATION: Markisic v Department of Community Services NSW & Ors [2006] NSWCA 106

HEARING DATE(S): 1 May 2006

JUDGMENT DATE: 1 May 2006

JUDGMENT OF: Giles JA at 1 & 15; Santow JA at 13 & 24; Ipp JA at 14 & 25

EX TEMPORE JUDGMENT DATE: 05/01/2006

DECISION: (1) Adjourn the applications to the date for directions in order 7; (2) Grant leave to amend the applications by the joinder of the sixth, seventh and eighth opponents; (3) Direct that the claimant serve on the opponents within four weeks from today his revised statement of claim, accompanied by affidavit evidence showing that there are facts which probably can be proved which, if proved, would support the allegations in the revised statement of claim; (4) Order the claimant to pay the costs thrown away by reason of the adjournment; (5) Assess the costs at $3,000 in the case of each of the second, third, fourth and fifth opponents; (6) Order that of the aforesaid costs $250 in the case of each of the second, third, fourth and fifth opponents be paid within four weeks from today and that, subject to orders 2 and 3, the claimant's proceedings be stayed until those sums have been paid; (7) List the proceedings for directions before Giles JA on 12 June 2006. [Note later changed to 13 June 2006.]

CATCHWORDS: Applications for leave to appeal - against refusal of leave to file amended statement of claim - some opponents not joined - necessity to adjourn - intention to further amend - costs orders to be made.

CASES CITED: Harrison v Schipp (2002) 54 NSWLR 738; Project 28 Pty Ltd v Barr [2005] NSWCA 240.

Dragan Markisic - Claimant Department of Community Services NSW - First Opponent PARTIES: State of New South Wales - Second Opponent Commonwealth of Australia - Third Opponent The Trustees of the Roman Catholic Church for the Archdiocese of Sydney- Fourth Opponent Qantas Airways Ltd - Fifth Opponent