Markisic v State of New South Wales & Ors (No 3) [2015] NSWSC 415

Supreme Court New South Wales

Medium Neutral Citation: Markisic v State of New South Wales & Ors (No 3) [2015] NSWSC 415 Hearing dates: 22, 23, 24 April and 10, 11 November 2014 Decision date: 16 April 2015 Jurisdiction: Common Law Before: Price J Decision: 1. The plaintiff's application to file a proposed amended statement of claim (other torts) (ASOC) is refused. 2. The plaintiff is to pay the defendants' costs. Catchwords: CIVIL – procedure – whether application to file further amended statement of claim (other torts) precluded by judgment of Court of Appeal – abuse of process Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 258 ALR 14 Cabassi v Vila [1940] HCA 41; (1940) 64 CLR 130 Cachia v Westpac Financial Services Ltd [2005] NSWCA 239 General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; (1964) 112 CLR 125 Markisic v Department of Community Services of New South Wales and Ors [2005] NSWSC 1373 Markisic v Department of Community Services of New South Wales & Ors (No 2) [2006] NSWCA 321 Markisic v Department of Community Services & Ors (Unreported, Supreme Court of New South Wales Court of Appeal, Bryson JA, 29 January 2007) Markisic v Department of Community Services & Ors [2012] NSWSC 1197 Markisic v State of New South Wales & Ors (No 2) [2012] NSWSC 1353 Markisic v The State of New South Wales & Ors [2012] NSWSC 1237 Reichel v Magrath (1889) 14 App Cas 665 Rippon v Chilcotin [2001] NSWCA 142 Sullivan v Moody [2001] HCA 59; 207 CLR 562 Category: Procedural and other rulings Parties: Dragan Markisic State of New South Wales Department of Community Services Representation: Mr D Markisic in person (Applicant/Plaintiff) Ms V Hartstein (Respondent/First Defendant) Mr D P Robinson SC and John McDonnell (Respondent/Second Defendant) File Number(s): 20698/2000