Markisic v Department of Community Services & Ors [2012] NSWSC 1197

Supreme Court New South Wales

Medium Neutral Citation: Markisic v Department of Community Services & Ors [2012] NSWSC 1197 Hearing dates: 20 February 201223 February 2012 Decision date: 24 April 2012 Before: Price J Decision: 1. The further hearing of the plaintiff's application to file an amended statement of claim re-pleading the defamation claims is to proceed first. The parties are to strictly comply with order 2 of the orders of 27 February 2008. Upon completion of these submissions, the court will hear further from the parties on the notices of motion filed on 30 May 2011, 8 June 2011, 10 June 2011 and 28 July 2011. 2. Without my leave, the parties are not permitted to file any further notices of motion in these proceedings. 3. Leave pursuant to order (2) 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. The application will be determined by me, in chambers and no oral hearing will take place. Any application for leave must be made at least 14 days prior to the date fixed for further hearing of these proceedings. 4.Fix the further date for the further hearing of the proceedings on 2 October 2012. 5. Order that the Registrar of the court be notified forthwith of these orders. Catchwords: CIVIL - procedure - whether application to file further amended statement of claim precluded by judgment of Court of Appeal - procedural fairness - further orders. Legislation Cited: Evidence Act 1995 s 157 Cases Cited: Markisic v Commonwealth of Australia [2010] NSWSC 24 Markisic v Department of Community Services of NSW & Ors [2007] NSWCA 30 Markisic v Department of Community Services (Court of Appeal (NSW), unrep, 29 January 2007) Markisic v Department of Community Services of New South Wales & Ors (No 2) [2006] NSWCA 321 Markisic v Department of Community Services of New South Wales [2005] NSWSC 1373, 1374, 1375 Category: Interlocutory applications Parties: Representation: Mr D Robinson SC Ms V Hartstein Mr D Markisic (in person) Plaintiff Ms C Drummy Crown Solicitors Office File Number(s): 2000/42462