Attorney General in and for the State of New South Wales v Markisic [2012] NSWSC 866

Attorney General in and for the State of New South Wales v Markisic [2012] NSWSC 866

Given party agreement for separate hearings and that Attorney General's case is straightforward and ready while defendants' claims are not, the Court orders the questions raised by the Attorney General's summons be determined first, as preliminary questions, and the case against each defendant be heard separately. No basis was found for bias or need to adjourn. Usual costs orders apply.

Jurisdiction
Australia
Judgment Date
02 August 2012
Procedural Posture
Interlocutory Proceedings / Procedural Ruling / Orders on Motions and Directions Prior to Substantive Hearing
Outcome
Orders made on procedural applications, directions, and costs.
Legal Topics
['vexatious Proceedings' 'preliminary Questions' 'disqualification Applications' 'costs Orders']
['civil Procedure' 'judicial Administration'] ['vexatious Proceedings' 'preliminary Questions' 'disqualification Applications' 'costs Orders']

Case Brief

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Procedural Posture

Interlocutory Proceedings / Procedural Ruling / Orders on Motions and Directions Prior to Substantive Hearing

Legal Issues

  1. 1 ["Should questions raised by the Attorney General's summons be dealt with as preliminary questions?" "Should the Attorney General's case be heard before the defendants' claims?" 'Whether disqualification applications against judge for apprehended or actual bias should be granted?' 'Allocation of costs for interlocutory matters and specific motions' "Appropriateness of separate hearings for the Attorney General's claims against each defendant"]

Ratio Decidendi

Given party agreement for separate hearings and that Attorney General's case is straightforward and ready while defendants' claims are not, the Court orders the questions raised by the Attorney General's summons be determined first, as preliminary questions, and the case against each defendant be heard separately. No basis was found for bias or need to adjourn. Usual costs orders apply.

Court Disposition

Orders made on procedural applications, directions, and costs.

Orders

  • ["Defendants to pay other parties' costs of interlocutory matters dealt with in 8 May 2012 judgment, as agreed or assessed." "Attorney General to pay defendants' disbursements in respect of motion of 16 November 2011." "Questions raised by Attorney General's summons to be dealt with as separate, preliminary...