Markisic v Commonwealth of Australia [2010] NSWSC 24

New South Wales Supreme Court

CITATION : Markisic v Commonwealth of Australia [2010] NSWSC 24

HEARING DATE(S) : 19/10/2009; 21-23/10/2009; 26-29/10/2009.

JUDGMENT DATE : 25 February 2010

JUDGMENT OF : Davies J

DECISION : (1) Dismiss the Plaintiffs' Notices of Motion filed 25 July 2008, 2 July 2009, 27 July 2009, 1 September 2009 and the Amended Notice of Motion filed 3 August 2009. (2) The Plaintiffs are to pay the Defendant's costs of those Notices of Motion including the Amended Notice of Motion. (3) The proceedings are permanently stayed. (4) Order that the Plaintiffs are not to be allowed to file and are hereby restrained from filing and also from serving any Notice of Motion, and are not to be allowed to make and are hereby restrained from making any oral application in these proceedings without the leave of a judge of this Court. (5) Order that in case the Plaintiffs 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. (6) Leave pursuant to Order (5) 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 either party, unless the Judge otherwise directs. (7) The Plaintiffs to pay the Defendant's costs thrown away by reason of the failure of the Plaintiffs to comply with the orders of Registrar Bradford made 28 May 2008 and 11 July 2008 (excluding the costs of the Defendant's Notice of Motion) assessed at $3000. (8) The Plaintiffs to pay the Defendant's costs of the Defendant's Amended Notice of Motion assessed at $5000. (9) In the event that the stay referred to in Order (3) is lifted the proceedings are further stayed until the Plaintiffs pay to the Defendant the sum of $1500 of the costs ordered to be paid in Orders (7) and (8). (10) The Defendant's Amended Notice of Motion is otherwise dismissed.