Markisic & Anor v Vizza & Ors [2002] NSWCA 243

Markisic & Anor v Vizza & Ors [2002] NSWCA 243

Prerogative relief in the nature of mandamus cannot be granted by the Court of Appeal against a judge of the Supreme Court, and claimants must proceed by way of appeal, requiring leave as instructed by the Registrar. The Court directed that applications for extension of time and leave to appeal be brought within 21 days.

Parties
Appellant: Oliver Markisic; Appellant: Dragan Markisic; Respondent: Vizza & Ors
Jurisdiction
Australia
Judgment Date
22 July 2002
Procedural Posture
Civil / Notice of Motion in Appeal Proceedings; Interlocutory Application
Outcome
Notice of motion dismissed
Legal Topics
Prerogative Relief, Appeal Procedure, Court Jurisdiction, Criminal Law Offences
Civil Procedure Prerogative Relief Appeal Procedure Court Jurisdiction Criminal Law Offences

Case Brief

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Parties

Oliver Markisic

Appellant

Dragan Markisic

Appellant

Vizza & Ors

Respondent

Procedural Posture

Civil / Notice of Motion in Appeal Proceedings; Interlocutory Application

Legal Issues

  1. 1 Whether the Court of Appeal can grant prerogative relief against a judge of the Supreme Court
  2. 2 Whether claimants have a right of appeal or require leave to appeal
  3. 3 Procedural handling of applications for extension of time and leave to appeal

Ratio Decidendi

Prerogative relief in the nature of mandamus cannot be granted by the Court of Appeal against a judge of the Supreme Court, and claimants must proceed by way of appeal, requiring leave as instructed by the Registrar. The Court directed that applications for extension of time and leave to appeal be brought within 21 days.

Court Disposition

Notice of motion dismissed

Orders

  • Any application for extension of time and leave to appeal to be filed within 21 days from judgment date
  • Summons stood over to date returnable before Registrar