Oliver Markisic v Magistrate David Heilpern; Dragan Markisic v Magistrate David Heilpern [2011] NSWSC 410

Supreme Court New South Wales

Medium Neutral Citation: Oliver Markisic v Magistrate David Heilpern; Dragan Markisic v Magistrate David Heilpern [2011] NSWSC 410 Hearing dates: 5 May 2011 Decision date: 06 May 2011 Jurisdiction: Common Law Before: Johnson J Decision: Leave granted for the Attorney General of New South Wales to intervene in each set of proceedings. Magistrate David Heilpern removed as a party in each set of proceedings. Directions made for Plaintiffs to file and serve a Further Amended Summons in each set of proceedings identifying the Attorney General of New South Wales as the sole Defendant. Leave granted to the Attorney General of New South Wales to file and serve a Notice of Motion seeking summary dismissal of each set of proceedings. Catchwords: PRACTICE AND PROCEDURE - application by Attorney General for leave to intervene or appear as amicus curiae - proceedings by Plaintiffs to challenge decision of Magistrate refusing to issue Court Attendance Notices - Plaintiffs had sought to prosecute three Supreme Court Judges for alleged offences under the Crimes Act 1914 (Cth) arising from judgments adverse to the Plaintiffs given in exercise of judicial duties in civil proceedings - Magistrate had determined that criminal proceedings "had no prospects whatsoever of success" - Plaintiffs oppose application of Attorney General - applicable principles where leave sought to intervene - role of Attorney General - appropriate public officer to represent public interest in administration of justice - leave granted for Attorney General to intervene Legislation Cited: Crimes Act 1914 (Cth) Supreme Court Act 1970 Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Levy v State of Victoria [1997] HCA 31; 189 CLR 579 R v Australian Broadcasting Tribunal; Ex parte Hardiman [1980] HCA 13; 144 CLR 13 Attorney General v Times Newspapers Limited [1974] AC 273 New South Wales Bar Association v Muirhead (1988) 14 NSWLR 173 Wentworth v Wentworth (NSWSC, Santow J, 4 October 1996, unreported, BC9604796) Category: Interlocutory applications Parties: Oliver Markisic and Dragan Markisic (Plaintiffs) Magistrate David Heilpern (Defendant) Representation: Counsel: Oliver Markisic (Plaintiff in Person) Dragan Markisic (Plaintiff in Person) Mr B Thomson (Solicitor Advocate) (for Attorney General of New South Wales) Solicitors: Crown Solicitor's Office (Attorney General of New South Wales) File Number(s): 2010/309865 - Oliver Markisic 2010/309918 - Dragan Markisic