Attorney General in and for the State of New South Wales v Markisic

The case involved the Attorney General in and for the State of New South Wales suing Markisic. The dispute centred on the dismissal of various applications Markisic had made, including an application for disqualification, a request for trial by jury, and an application to have the summons dismissed. These applications had all been previously heard and refused. The case was heard in the Supreme Court of New South Wales.

The court needed to decide whether the applications were to be heard again, and if not, what directions should be given in relation to the proceedings. Specifically, the court had to determine whether the applications were re-hearable and if not, whether submissions in relation to the proceedings should be in writing as directed under section 62(3) of the relevant legislation.

The court found that the applications were not to be re-heard as they had already been considered and dismissed. The court also found that it was appropriate for the submissions to be in writing as directed. The court emphasised that it was important for the proceedings to be conducted in an orderly and efficient manner, and that this included the submission of written arguments. The court's decision was based on the principle that applications which had already been heard and dismissed should not be re-opened unless there were exceptional circumstances.

The court made orders in line with its decision. The court dismissed the applications for disqualification, trial by jury, and dismissal of the summons, and confirmed that written submissions should be made in accordance with the direction given under section 62(3). The court also made orders for the proceedings to continue in accordance with the directions given.