NSW Caselaw
New South Wales Supreme Court
CITATION : Markisic v Today-Denes [2009] NSWSC 482
HEARING DATE(S) : 9-10 April 2008; 4-8 May 2009
JUDGMENT DATE : 10 July 2009
JUDGMENT OF : Harrison J
1. The plaintiff's notices of motion dated 17 September 2007 and 4 May 2009 are dismissed with costs. DECISION : 2. Order that the plaintiff is not to be allowed to file and is hereby restrained from filing and also from serving any notice of motion, and is not to be allowed to make and is hereby restrained from making any oral application in these proceedings without the leave of a Judge of this Court. 3. Order that in case the plaintiff shall, without the leave of a Judge of this Court file or serve any notice of motion, other parties are not to attend at the return of the notice of motion and they are not to participate in proceedings upon the notice of motion unless otherwise directed by a Judge of this Court: and further order that unless the Court shall think fit to give such direction any such notice of motion shall be dismissed without being heard. 4. Leave pursuant to Order 2 is to be sought by written application setting out the full basis on which leave is sought and the full basis of the claim for relief with a copy of the proposed notice of motion. No oral hearing will take place on an application for leave, which will be determined without notice to other parties, unless the Judge otherwise directs.
CATCHWORDS : JUDGMENT – application to set aside – whether given or entered irregularly, illegally or against good faith – whether judgment genuine and authentic or "a forgery, a fake or counterfeit" or otherwise fabricated – whether Court's website and file secure from tampering - whether irreconcilable and fatal conflict between foundation of application for relief and previous (unsuccessful) appeal to Court of Appeal by plaintiff against now disputed judgment – application dismissed - PRACTICE – hopeless proceedings - unwarranted applications - unreasonable refusal to accept rulings – power to restrain – restraint with conditions
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