Attorney-General in the State of NSW v Markisic [2011] NSWSC 1304

Supreme Court New South Wales

Medium Neutral Citation: Attorney-General in the State of NSW v Markisic [2011] NSWSC 1304 Hearing dates: 26, 27 and 28 October 2011 Decision date: 28 October 2011 Jurisdiction: Common Law Before: Rothman J Decision: 1. That motion, notice of which was filed on 20 October 2011, is dismissed; 2. Leave to issue subpoenas to attend to 54 persons is refused; 3. The requisition for a trial by jury is refused; 4. Costs reserved Catchwords: PROCEDURE - civil - judgments and orders - application to review decision of the registrar to adjourn the hearing of a motion - motion determined - leave to issue subpoenas - trial by jury refused Legislation Cited: Evidence Act 1995 Supreme Court Act 1970 Uniform Civil Procedure Rules 2005 Vexatious Proceedings Act 2008 Cases Cited: Maroubra Rugby League Football Club Inc v Malo and Anor [2007] NSWCA 39 Muir v Council of Trinity Grammar School [2005] NSWSC 555 Category: Procedural and other rulings Parties: Dragan Markisic (first applicant/cross claimant) Oliver Markisic (second applicant/cross claimant) Attorney General in and for the State of New South Wales (first respondent/cross defendant) Commonwealth of Australia (second respondent/cross defendant) Representation: Counsel Self represented applicants JS Emmett and J Kavanagh (first respondent) A Markus (second respondent) Solicitors Crown Solicitor's Office Australian Government Solicitor (second respondent/cross defendant) File Number(s): 2011/76594