Attorney General in and for the State of New South Wales v Markisic [2014] NSWSC 581

Supreme Court New South Wales

Medium Neutral Citation: Attorney General in and for the State of New South Wales v Markisic [2014] NSWSC 581 Hearing dates: 28 April 2014 Decision date: 16 May 2014 Jurisdiction: Common Law Before: Schmidt J Decision: 1. The orders sought by Mr Dragan Markisic in the motions filed in October 2013 are refused. 2. The usual order as to costs is that they follow the event. I will hear the parties on costs, which are reserved. Catchwords: PROCEDURE - notice of motion - adjournment application - refused - further disqualification application - refused - temporary stay pending an appeal against this decision - not appropriate to stay proceedings - application for trial by jury - application previously made - refused - appointment of another judge from another jurisdiction to hear case - refused - application to set aside September judgment - no basis for orders sought - orders sought in motions refused Legislation Cited: Civil Procedure Act 2005 (NSW) Evidence Act 1995 (NSW) Uniform Civil Procedure Rules 2005 Vexatious Proceedings Act 2008 (NSW) Cases Cited: Attorney General in the State of New South Wales v Markisic [2011] NSWSC 1304 Attorney General in and for the State of New South Wales v Markisic [2012] NSWSC 1143 Banksia Mortgages Ltd v Croker [2013] NSWSC 270 Kallinicos v Hunt [2005] NSWSC 1181; (2005) 64 NSWLR 561 Partington v Pacific Link Community Housing Ltd [2013] NSWCA 67 Re F [2013] NSWCA 239 Category: Interlocutory applications 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) Dragan Markisic (In Person) Australian Government Solicitor (Second Cross-Defendant File Number(s): 2011/76594 Publication restriction: None