Markisic & Anor v Middletons Lawyers & Ors [2007] NSWSC 1147

New South Wales Supreme Court

CITATION : Markisic & Anor v Middletons Lawyers & Ors [2007] NSWSC 1147

HEARING DATE(S) : 26 September 2007

JUDGMENT DATE : 16 October 2007

JUDGMENT OF : Harrison J

DECISION : See paragraph 38.

CATCHWORDS : CIVIL PROCEDURE – UCPR 36.15 – application to set aside judgment on basis obtained by fraud – plaintiffs unsuccessful at first instance and in Court of Appeal – application for special leave to appeal to High Court refused – fresh attempt to rely upon evidence available at trial – re-agitation of application made in Court of Appeal – no basis for disturbing decision of trial judge demonstrated – application for leave to issue subpoenas in hope of eliciting evidence to support application – abuse of process - applications dismissed – ABUSE OF PROCESS – inherent power of court to control applications - power to retrain the making of unwarranted and vexatious applications – prejudice to the community in general and litigants in particular – plaintiffs restrained from filing motions without leave

LEGISLATION CITED : Uniform Civil Procedure Rules

Markisic v Department of Community Services of New South Wales and Ors [2007] NSWCA 30 CASES CITED : Port of Melbourne Authority v Anshun Pty Limited (1980-1981) 147 CLR 589 Wentworth v Graham (2003) 57 NSWLR 741

Dragan Markisic (First plaintiff) Oliver Markisic (Second plaintiff) PARTIES : Middletons Lawyers (First defendant) Stephen John Thompson (Second defendant) Jeremy Colville (Third defendant) Zlatko Blajer (Fourth defendant)

FILE NUMBER(S) : SC 20285 of 2004

Dragan Markisic (In person) COUNSEL : Oliver Markisic - (In person) K A Rees (First, second and third defendants)