George Velissaris v Laurence A Fitzgerald

[2015] HCASL 14

GEORGE VELISSARIS

v

LAURENCE A FITZGERALD & ANOR

[2015] HCASL 14
M66/2014

1. The first respondent was the court-appointed liquidator of a company which was trustee of a family trust.  The applicant was the proprietor of a business conducted from premises owned by that company.  Having been barred from commencing proceedings in the Supreme Court of Victoria and the Federal Court of Australia, the applicant commenced proceedings in the County Court of Victoria with respect to the first respondent's conduct as liquidator.  The allegations focused upon the first respondent's conduct in the sale of land and the sale of plant and equipment.  The County Court (Macnamara J) determined that the proceedings constituted an abuse of process, and made orders including that the proceedings be forever stayed.

2. On appeal, the Court of Appeal of the Supreme Court of Victoria (Ashley and Mandie JJA) determined that the claims respecting the sale of land and the sale of plant and equipment constituted abuses of process.  The Court of Appeal also found, in accordance with the principles laid out in Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589, that the claim relating to the sale of plant and equipment would have no prospects of success if it were to proceed. The Court of Appeal substituted for the orders made by the County Court orders granting summary judgment for the first respondent with respect to the plant and equipment claim, staying the remainder of the proceedings, and restraining the applicant from filing further proceedings with respect to related matters.

3. The applicant now seeks special leave to appeal from the orders of the Court of Appeal.  We would refuse special leave to appeal.  The decision of the Court of Appeal involved the application of well-settled principles to a question of practice and procedure.  An appeal to this Court would enjoy no prospects of success.

4. Pursuant to r 41.11.1, we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

V.M. Bell
5 March 2015 S.J. Gageler