Attorney-General in the State of NSW v Markisic [2011] NSWSC 1333

Attorney-General in the State of NSW v Markisic [2011] NSWSC 1333

The application for reconsideration was refused because the errors alleged in the prior judgment were minor and corrected, did not affect discretion, and no further basis was provided for reconsidering the previous refusal to allow subpoenas, as leave was refused due to lack of forensic purpose and probative value.

Jurisdiction
Australia
Judgment Date
07 November 2011
Procedural Posture
Civil / Application for Reconsideration of Judgment
Outcome
Application for reconsideration refused.
Legal Topics
['application to Amend Judgment' 'application for Reconsideration of Judgment' 'subpoenas' 'judicial Power' 'evidence Act 1995, S16(2)']
['civil Procedure'] ['application to Amend Judgment' 'application for Reconsideration of Judgment' 'subpoenas' 'judicial Power' 'evidence Act 1995, S16(2)']

Case Brief

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Procedural Posture

Civil / Application for Reconsideration of Judgment

Legal Issues

  1. 1 ['Whether errors of fact in the prior reasons warranted reconsideration of the judgment' 'Whether the application for leave to issue subpoenas had any forensic purpose or likely probative value' 'Whether section 16(2) of the Evidence Act 1995 precludes compellability of judges']

Ratio Decidendi

The application for reconsideration was refused because the errors alleged in the prior judgment were minor and corrected, did not affect discretion, and no further basis was provided for reconsidering the previous refusal to allow subpoenas, as leave was refused due to lack of forensic purpose and probative value.

Court Disposition

Application for reconsideration refused.

Orders

  • ['The application for reconsideration is refused.']