Attorney General in and for the State of New South Wales v Markisic [2012] NSWSC 866

Supreme Court New South Wales

Medium Neutral Citation: Attorney General in and for the State of New South Wales v Markisic [2012] NSWSC 866 Hearing dates: 29 June 2012 Decision date: 02 August 2012 Jurisdiction: Common Law Before: Schmidt J Decision: 1. The defendants are to pay the other parties' costs of the interlocutory matters dealt with in the 8 May 2012 judgment, as agreed or assessed. 2. The Attorney General is to pay the defendants' disbursements in respect of the motion of 16 November 2011. 3. The questions raised by the Attorney General's summons are to be dealt with as separate, preliminary questions. 4. The Attorney General's case against the two defendants are to be heard separately, one after the other. 5. The matters are to be listed for directions on 29 August 2012 at 9:30am. 6. The parties are each to file short minutes of the further directions which they seek in relation to the hearing of the Attorney General's motion and the defendants' outstanding motions, on or before 22 August 2012. Catchwords: PROCEDURE - various motions - motion to have questions raised in summons dealt with as preliminary questions - application by defendants to have their further two motions heard before Attorney General's motion - application not granted - oral application that the Attorney General's summons be dismissed - not granted - application to defer decision of Attorney General's motion, until the defendant's three outstanding motions have been dealt with - not granted - Attorney General's order must be granted - costs

PROCEDURE - courts and judges generally - two disqualification applications - apprehended bias - both applications refused - reasons Legislation Cited: Civil Procedure Act 2005 Crimes Act 1900 Evidence Act 1995 Supreme Court Act 1970 Uniform Civil Procedure Rules 2005 Vexatious Proceedings Act 2008 Cases Cited: Attorney General in and for the State of New South Wales [2012] NSWSC 433 Attorney General in and for the State of New South Wales v Markisic [2012] NSWSC 510 Attorney-General in the State of NSW v Markisic [2011] NSWSC 1304 Attorney-General in the State of NSW v Markisic [2011] NSWSC 1333 Attorney General in and for the State of New South Wales v Markisic [2011] NSWSC 1436 Australian National Industries Ltd v Spedley Securities Ltd (in liq) (1992) 26 NSWLR 411; (1992) 9 ACSR 309 Commonwealth Bank of Australia v Clune [2008] NSWSC 1125 In the matter of Cheal Industries Pty Ltd - Fitzpatrick v Cheal [2012] NSWSC 812 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