Markisic & Anor v Middletons Lawyers & Ors

[2006] HCATrans 713

[2006] HCATrans 713

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S204 of 2006

B e t w e e n -

DRAGAN MARKISIC

First Applicant

OLIVER MARKISIC

Second Applicant

and

MIDDLETONS LAWYERS

First Respondent

STEPHEN JOHN THOMPSON

Second Respondent

JEREMY COLVILLE

Third Respondent

ZLATKO BLAJER

Fourth Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

HAYNE J
CRENNAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 14 DECEMBER 2006, AT 9.40 AM

Copyright in the High Court of Australia

__________________

HAYNE J:   The applicants seek special leave to appeal against several orders of the Court of Appeal of the Supreme Court of New South Wales made on 23 May 2006.  By those orders the Court of Appeal:

(a)dismissed the applicants’ application to lead new evidence in support of an application for leave to appeal against orders made by Nicholas J dismissing the applicants’ claim against those who are respondents to this application for damages for defamation;

(b)dismissed a subsequent application by each applicant that each of the judges constituting the Court of Appeal (Ipp and Basten JJA) not proceed to hear the substantive application for leave on the ground that the dismissal of the applications to lead new evidence revealed bias;

(c)dismissed the application for leave to appeal.

Because the applicants are unrepresented, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

The applicants advance no argument revealing any arguable error by the Court of Appeal.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application. I publish that disposition.

AT 9.42 AM THE MATTER WAS CONCLUDED