NSW Caselaw
New South Wales Supreme Court
CITATION : Dragan Markisic & Anor v United States of America & Anor [2006] NSWSC 973
HEARING DATE(S) : 18 September 2006
JUDGMENT DATE : 18 September 2006
JUDGMENT OF : Latham J
EX TEMPORE JUDGMENT DATE : 09/18/2006
DECISION : Application is refused
CATCHWORDS : Interlocutory proceedings - application by plaintiffs for disqualification on grounds of apprehended bias.
CASES CITED : Edna v Official Trustee (2000) 205 CLR 337
Plaintiff 1 - Dragan Markisic PARTIES : Plaintiff 2 - Oliver Markisic Defendant 1 - United States of America Defendant 2 - Commonwealth of Australia
FILE NUMBER(S) : SC 20286/04
Plaintiff 1 - Self-represented COUNSEL : Plaintiff 2 - Self-represented Defendant 1 - Mr Sturzaker Defendant 2 - D Robinson SC
Plaintiff 1 - Self-represented SOLICITORS : Plaintiff 2 - Self-represented Defendant 1 - Gadens Lawyers Defendant 2 - Australian Government Solicitor
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION DEFAMATION LIST
LATHAM J
18 September 2006
20286/04 DRAGAN MARKISIC & ANOR v USA & Anor
JUDGMENT - Re Application for her Honour's disqualification
1 When the matter came before me this morning for mention prior to fixing a time for the hearing of the application, the plaintiffs jointly made an application that I disqualify myself on the ground of apprehended bias. I understand that there is no allegation of actual bias, but that the apprehension of bias arises because of my office as a judge of this Court and the treatment which the plaintiffs claim to have received at the hands of Registrar Howe this morning. 2 In addition, the plaintiffs have rightly brought to my notice the fact that as counsel before my appointment to the District Court of New South Wales, I appeared as Crown Prosecutor, Crown Advocate and was instructed by the State of New South Wales and the Director of Public Prosecutions on many occasions. The plaintiffs have on prior occasions sued the State of New South Wales, and it is asserted that I may not be able to bring my impartial mind to bear upon the issues in this matter.
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