Markisic v Today-Denes

The application in Markisic v Today-Denes was brought by a plaintiff who sought to set aside a judgment that was previously entered against him. The matter was heard in the Federal Court of Australia. The plaintiff challenged the validity of the judgment, alleging that it was either irregular, illegal, or obtained against good faith. He also claimed that the judgment might be a forgery, fake, or counterfeit. Furthermore, he questioned the security of the Court's website and file, suggesting potential tampering. The plaintiff had previously unsuccessfully appealed against the same judgment in the Court of Appeal, and the application at hand was seen to be fundamentally at odds with that earlier appeal.

The legal issues before the court involved determining the authenticity and validity of the judgment, as well as the integrity of the Court's record-keeping and website security. The court had to consider whether the application for relief was genuinely founded or if it represented a hopeless and unwarranted proceeding. The plaintiff's allegations raised questions about the procedural fairness and the possibility of tampering with the Court's records. The court also examined whether the application constituted an unreasonable refusal to accept previous rulings.

In assessing the application, the court found that it was a hopeless proceeding due to the plaintiff's persistent refusal to accept the finality of previous judgments and the lack of any credible evidence to support the allegations of tampering or forgery. The plaintiff's conduct in bringing the application was seen as unreasonable and an abuse of process. The court held that the application was not genuinely founded and was instead a continuation of unwarranted and vexatious litigation. The court dismissed the application and imposed conditions on any future applications to prevent similar abuses of the court process.