Andrew Vasiliou & Anor v Brendan John Marchesi (as trustee of the Bankrupt Estate of Andrew Vasiliou A Former Bankrupt)

[2013] HCASL 42

ANDREW VASILIOU & ANOR

v

BRENDAN JOHN MARCHESI
(AS TRUSTEE OF THE BANKRUPT ESTATE
OF ANDREW VASILIOU A FORMER BANKRUPT)

[2013] HCASL 42
M100/2012

1. The applicants seek special leave to appeal against orders of the Court of Appeal of the Supreme Court of Victoria dismissing five applications made for leave to appeal against orders made respectively by Hansen J, Macaulay J, Vickery J, Habersberger J and Emerton J between June  2009 and April 2012.

2. All of the orders which the applicants sought to challenge related in one way or another to real property which had been held by the Federal Court of Australia to form part of the bankrupt estate of the first applicant, Mr Vasiliou.  An appeal and subsequent application for special leave to appeal to this Court against those orders failed in 2008.  The Court of Appeal (Warren CJ and Buchanan JA) found no reason to conclude that any of the challenged orders was attended by sufficient doubt to warrant granting leave to appeal.

3. In this Court, the applicants assert that the Court of Appeal "failed its duty to deliver true and natural [j]ustice" to them.

4. As the applicant does not have legal representation, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

5. We see no reason to doubt the correctness of the conclusion of the Court of Appeal. 

6. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

K.M. Hayne
10 April 2013 S.M. Crennan