Attorney General in and for the State of New South Wales v Markisic [2014] NSWSC 1596

Supreme Court New South Wales

Medium Neutral Citation: Attorney General in and for the State of New South Wales v Markisic [2014] NSWSC 1596 Hearing dates: 14 November, 15 November 2011, 16 November 2011, 15 March 2012, 2 June 2014, 3 June 2014, 24 September 2014 and written submissions Decision date: 13 November 2014 Jurisdiction: Common Law Before: Schmidt J Decision: 1. Pursuant to s 8(7)(b) of the Vexatious Proceedings Act 2008 (NSW), Mr Dragan Markisic is prohibited from instituting proceedings in New South Wales without leave of the Court. 2. Pursuant to s 8(7)(b) of the Vexatious Proceedings Act 2008 (NSW), the cross-claim already instituted by Mr Dragan Markisic be stayed. 3. Mr Dragan Markisic is to bear the Attorney General's costs of the proceedings brought against him in this case, as agreed or assessed. Catchwords: PROCEDURE - orders sought under the Vexatious Proceedings Act 2008 (NSW) - procedural requirements satisfied - litigious history established by evidence and admissions - vexatious proceedings established - defendant frequently involved in vexatious proceedings - whether orders should extend to cross-claim - orders made

EVIDENCE - documentary evidence - documents in dispute - judgments and transcripts of proceedings - relevance - admissibility - s 91 Evidence Act 1995 (NSW) - proof - s 157 Evidence Act 1995 (NSW) - judgments - whether reasons for judgment are a public document - proof of reasons for judgment pursuant to s 48 of the Evidence Act 1995 (NSW) - hearsay - s 64 of the Evidence Act 1995 (NSW) - judges not compellable to give evidence - s 69 application of business records exception to judgments and reasons