MARKISIC v DEPARTMENT OF COMMUNITY SERVICES OF NSW & ORS [2007] NSWCA 30

New South Wales Court of Appeal

CITATION: MARKISIC v DEPARTMENT OF COMMUNITY SERVICES OF NSW & ORS [2007] NSWCA 30

HEARING DATE(S): 19/02/2007

JUDGMENT DATE: 26 February 2007

JUDGMENT OF: Bryson JA at 1

DECISION: Restrain further Notices of Motion; see [33]

CATCHWORDS: PRACTICE and PROCEDURE - abuse of process, repeated applications - in appeal proceedings the claimant made many unproductive applications - proceedings complicated by joinder of parties against whom he did not obtain remedy - after adverse judgment, claimant made two further Notices of Motion which were dismissed as abuse of process - consideration of elaborate history of appeal, a satellite appeal and CLD proceedings in which an order restraining further applications was made - order restraining further applications without leave of Judge of Appeal.

Hillston v Bar-Mordecai [2002] NSWSC 477 Markisic (Dragan) v Department of Community Services & Ors [2006] NSWCA 149 Markisic (Oliver) v The Commonwealth [2006] NSWCA 150 CASES CITED: Markisic v Department of Community Services NSW & Ors [2006] NSWCA 106 Markisic v Department of Community Services of New South Wales & Ors (No 2) [2006] NSWCA 321 Markisic v Department of Community Services of New South Wales [2005] NSWSC 1373 Wentworth v Graham & Anor [2003] NSWCA 307

Cl: Dragan Markisic Opp 1: Department of Community Services of NSW Opp 2: State of NSW Opp 3: Commonwealth of Australia PARTIES: Opp 4: The Trustees of the Roman Catholic Church for the Archdioces of Sydney Opp 5: Qantas Airways Ltd Opp 6: Ms Justice Robyn Flohm Opp 7: Mr Justice Alistair Nicholson Opp 8: Mr Justice Alwynne R.O. Rowlands