Attorney General in and for the State of New South Wales v Markisic [2012] NSWSC 1253

Attorney General in and for the State of New South Wales v Markisic [2012] NSWSC 1253

The defendants' wish to travel to Macedonia was understandable and should be accommodated, so the 30 November hearing should be vacated. However, an adjournment until March 2013 would not be a just or sensible balance of the competing considerations because the motion could be heard on 9 November and there was adequate time for the defendants to file submissions with revised directions.

Jurisdiction
Australia
Judgment Date
16 October 2012
Procedural Posture
Motion in Vexatious Litigant Proceedings / Application to Vacate Hearing Date and Vary Directions
Outcome
Hearing date vacated and new hearing date fixed with varied directions.
Legal Topics
['adjournment' 'directions' 'hearing Date' 'vexatious Litigant Proceedings']
['civil Procedure'] ['adjournment' 'directions' 'hearing Date' 'vexatious Litigant Proceedings']

Case Brief

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Procedural Posture

Motion in Vexatious Litigant Proceedings / Application to Vacate Hearing Date and Vary Directions

Legal Issues

  1. 1 ['Whether the hearing fixed for 30 November should be vacated.' 'Whether directions made on 21 September 2012 for preparation of the matter should be varied.' 'Whether the matter should be adjourned to March 2013 or heard on an earlier available date.']

Ratio Decidendi

The defendants' wish to travel to Macedonia was understandable and should be accommodated, so the 30 November hearing should be vacated. However, an adjournment until March 2013 would not be a just or sensible balance of the competing considerations because the motion could be heard on 9 November and there was adequate time for the defendants to file submissions with revised directions.

Court Disposition

Hearing date vacated and new hearing date fixed with varied directions.

Orders

  • ['The hearing of the motion is fixed for 9 November.' 'The defendants are directed to file and serve any written submissions in support of their motion by 31 October.' 'The parties are to file and serve any written submissions in reply by 7 November.' 'Otherwise the directions made on 21 September remain unaltered.']