Attorney General in and for the State of New South Wales v Markisic [2013] NSWSC 1212

Attorney General in and for the State of New South Wales v Markisic [2013] NSWSC 1212

Adjournment of proceedings against Dragan Markisic was refused as it did not comply with requirements of s 56 Civil Procedure Act 2005 and was not justified by need for his brother’s presence; allegations of bias and conflict of interest did not reach the established legal threshold; leave to file a second cross-summons/cross-claim was refused due to lack of prospects, issues of limitation, prior similar litigation, and because the substantial claims fell outside the Court’s power or were unsupported; applications to restrain legal representatives were unsupported by sufficient facts or the applicable test; applications to set aside prior judgments failed as no irregularity was shown...

Jurisdiction
Australia
Judgment Date
02 September 2013
Procedural Posture
Interlocutory Applications / Decision on Multiple Interlocutory Applications, Motions for Adjournment, Disqualification, Leave to File Pleadings, and Amendment; Directions for Hearing
Outcome
Proceedings adjourned for Oliver Markisic; all applications/motions by Dragan Markisic (14 March 2012, 29 May 2012) refused; Attorney General given leave to amend; costs reserved.
Legal Topics
['adjournment' 'judicial Bias' 'vexatious Proceedings' 'restraining Legal Practitioners' 'setting Aside Judgments' 'case Management' 'cross Claims' 'amendment of Pleadings' 'costs']
['civil Procedure' 'administrative Law'] ['adjournment' 'judicial Bias' 'vexatious Proceedings' 'restraining Legal Practitioners' 'setting Aside Judgments' 'case Management' 'cross Claims' 'amendment of Pleadings' 'costs']

Case Brief

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Procedural Posture

Interlocutory Applications / Decision on Multiple Interlocutory Applications, Motions for Adjournment, Disqualification, Leave to File Pleadings, and Amendment; Directions for Hearing

Legal Issues

  1. 1 ['Whether to adjourn proceedings against Dragan Markisic pending recovery of Oliver Markisic' 'Whether there is actual or apprehended bias requiring judicial disqualification' 'Whether leave should be granted to file a second cross-summons/cross-claim' 'Whether legal practitioners (the Crown Solicitor, counsel and solicitor for the Commonwealth) should be restrained from acting' 'Whether prior judgments in these proceedings should be set aside for irregularity' 'Whether the Attorney General should be given leave to amend a motion and the summons to seek stay of cross-claim']

Ratio Decidendi

Adjournment of proceedings against Dragan Markisic was refused as it did not comply with requirements of s 56 Civil Procedure Act 2005 and was not justified by need for his brother’s presence; allegations of bias and conflict of interest did not reach the established legal threshold; leave to file a second cross-summons/cross-claim was refused due to lack of prospects, issues of limitation, prior similar litigation, and because the substantial claims fell outside the Court’s power or were unsupported; applications to restrain legal representatives were unsupported by sufficient facts or the applicable test; applications to set aside prior judgments failed as no irregularity was shown...

Court Disposition

Proceedings adjourned for Oliver Markisic; all applications/motions by Dragan Markisic (14 March 2012, 29 May 2012) refused; Attorney General given leave to amend; costs reserved.

Orders

  • ["The proceedings are adjourned until further order so far as Mr Oliver Markisic is concerned. The parties have liberty to approach to have them restored to the list, on giving three days' notice." 'The orders sought by Mr Dragan Markisic in the motions of 14 March 2012 and 29 May 2012 are refused.' 'So far as Mr...