Eleftherios Koutroumanis v Gary J Mann

[2012] HCASL 6

ELEFTHERIOS KOUTROUMANIS
v
GARY J MANN & ORS
[2012] HCASL 6
M143/2011

1. The applicant seeks special leave to appeal against orders of the Court of Appeal of the Supreme Court of Victoria (Mandie JA and Whelan AJA) dismissing the applicant's application for an extension of time to provide security for costs. 

2. In 2006, the applicant commenced proceedings in the County Court of Victoria against the respondents, who are partners in a firm of solicitors, alleging breach of retainer and negligence.  On 27 September 2010, a judge of the County Court (Judge Cohen) awarded the applicant nominal damages of $20.  The applicant instituted an appeal to the Court of Appeal.

3. On 17 June 2011, the Court of Appeal (Harper J and Macaulay AJA) ordered that the applicant provide security for the respondents' costs of the appeal in the amount of $31,987.90 by 15 July 2011, and that the appeal stand dismissed if such security were not given.  The applicant did not provide the security for costs within the time required.  On 14 July 2011, the applicant filed an application for an extension of time to provide the security.  On 23 September 2011, the Court of Appeal (Mandie JA and Whelan AJA) dismissed the applicant's application for an extension of time on the basis that there was no evidence that the applicant would ever be able to raise the security for costs.

4. As the applicant is unrepresented, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

5. The applicant's written submissions do not advance any questions of law which would justify a grant of special leave to appeal.  The application concerns a matter of practice and procedure – in particular, whether the Court of Appeal erred in refusing an extension of time to provide security for costs.  The application does not raise a question of principle of public importance which would warrant consideration by this Court, and the interests of the proper administration of justice are not engaged.

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
9 February 2012 S.M. Crennan