Markisic v Commonwealth of Australia [2009] NSWSC 284

New South Wales Supreme Court

CITATION : Markisic v Commonwealth of Australia [2009] NSWSC 284

HEARING DATE(S) : 11/08/08, 14/08/08, 18/09/08, 06/11/08, 21/11/08

JUDGMENT DATE : 24 April 2009

JURISDICTION : Common Law

JUDGMENT OF : Hislop J at 1

DECISION : (1) Application dismissed. (2) The plaintiffs to pay the defendant's costs of the application.

CATCHWORDS : PRACTICE AND PROCEDURE – subpoenas – unrepresented plaintiffs – leave to issue.

Australian Federal Police Act 1979 LEGISLATION CITED : Family Law (Child Abduction Convention) Regulations Supreme Court Rules Uniform Civil Procedure Rules 2005 (UCPR)

CATEGORY : Procedural and other rulings

CASES CITED : Dragan Markisic v Department of Community Services of NSW No.2 [2006] NSWCA 321 Samootin v Shea [2004 NSWCA 115

Oliver Markisic (First Plaintiff) PARTIES : Marika Markisic (Second Plaintiff) Commonwealth of Australia (Defendant)

FILE NUMBER(S) : SC 20369/01

COUNSEL : In Person (Plaintiffs) D Robinson SC (Defendant)

SOLICITORS : In Person (Plaintiffs) Australian Government Solicitor

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

HISLOP J

24 April 2009

20369/01 OLIVER MARKISIC & ANOR v COMMONWEALTH OF AUSTRALIA

JUDGMENT

Introduction 1 HIS HONOUR: This is an application by the plaintiffs, who are self represented, for leave pursuant to r 7.3 of the Uniform Civil Procedure Rules 2005 (UCPR) to issue 23 subpoenas to witnesses to attend to give evidence at the hearing of an application to set aside an interlocutory judgment of Patten AJ on the ground that the judgment was given irregularly, illegally or against good faith. The application is made pursuant to r 36.15 UCPR or alternatively r 36.16. The judgment of Patten AJ, dated 9 March 2007, related to the striking out of various parts of a further amended statement of claim filed by the plaintiffs. The application for leave to issue the subpoenas is opposed by the defendant.