Attorney General in and for the State of New South Wales v Markisic [2012] NSWSC 433

Supreme Court New South Wales

Medium Neutral Citation: Attorney General in and for the State of New South Wales v Markisic [2012] NSWSC 433 Hearing dates: 14 November 2011, 15 November, 2011, 16 November 2011, 15 March 2012 Decision date: 08 May 2012 Jurisdiction: Common Law Before: Schmidt J Decision: 1. The defendants' application for summary dismissal of the Attorney General's summons be dismissed. 2. The defendants' motions of 26 September 2011 and 16 November 2011 be dismissed, other than in relation to the documents referred to in order 4. 3. Leave to amend the Commonwealth's motion of 18 August 2011 is granted and the notices to admit facts and to produce documents served on the Commonwealth is set aside. 4. The correspondence referred to in Ms Kavanagh's affidavit of 8 March 2011 at paragraph [4] be produced. Catchwords: PROCEDURE - various motions and oral applications - application by defendants for summary dismissal of Attorney General's summons - application refused - motion seeking leave to issue subpoenas - refused - application for trial by jury - application previously heard and refused - leave sought to proceed on defendants' proposed statement of claim - leave not granted - notices to admit facts served on Attorney General - refused - summary judgment on notice to admit facts served on the Commonwealth - notice set aside - leave sought by Commonwealth to amend its motion to set aside notices to produce documents granted - motion to set aside notices to produce documents - granted - notices to produce served on Attorney General - motion seeking production of documents by Attorney General - production of certain documents required, motion otherwise dismissed Legislation Cited: Australian Federal Police Act 1979 (Cth) Civil Procedure Act 2005 Crimes Act 1900 Evidence Act 1995 Family Law Act 1975 (Cth) Interpretation Act 1987 Supreme Court Act 1970 Uniform Civil Procedure Rules 2005 Vexatious Proceedings Act 2008 Cases Cited: Ainsworth v Burden [2005] NSWCA 174 Attorney General in and for the State of New South Wales v Markisic [2011] NSWSC 1436 Attorney General v Chan [2011] NSWSC 1315 Attorney-General in the State of NSW v Markisic [2011] NSWSC 1304 Attorney-General in the State of NSW v Markisic [2011] NSWSC 1333 Bodikian v Sproule [2009] NSWSC 599; (2009) 72 ACSR 598 British American Tobacco Australia Ltd v Peter Gordon [2006] NSWSC 1473 Dey v Victorian Railways Commissioners [1949] HCA 1; (1949) 78 CLR 62 Frinty v Landmax Developments [2010] NSWSC 734 General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; (1964) 112 CLR 125 Habib v Radio 2UE Sydney Pty Ltd [2009] NSWCA 231 HML v R; SB v R; OAE v R [2008] HCA 16; (2008) 235 CLR 334 Portal Software v Bodsworth [2005] NSWSC 1115 Reichel v Magrath (1889) 14 App Cas 665 Sidebottom v Cureton) (1937) 54 WN (NSW) 88 Shaw v State of New South Wales [2012] NSWCA 102 Category: Procedural and other rulings Parties: Attorney General in and for the State of New South Wales - Plaintiff/First Cross Defendant Dragan Markisic - First Defendant/First Cross Claimant Oliver Markisic - Second Defendant/Second Cross Claimant The Commonwealth of Australia - Second Cross Defendant Representation: Counsel: Mr JS Emmett (Plaintiff) Mr DP Robinson SC (Second Cross Defendant) Solicitors: IV Knight, Crown Solicitor (Plaintiff) Oliver Markisic (In Person) Dragan Markisic (In Person) File Number(s): 2011/76594 Publication restriction: None