Stanley Stergiou and EKATERINE Stergiou v Citibank Savings Limited

[2005] ACTCA 19

STANLEY STERGIOU and EKATERINE STERGIOU v CITIBANK SAVINGS LIMITED [2005] ACTCA 19 (10 May 2005)

EX TEMPORE JUDGMENT

No. ACTCA 16 - 2004
No. SC 80 of 2003

Judges:         Crispin P, Gray and Tamberlin JJ
Court of Appeal of the Australian Capital Territory
Date:            10 May 2005

IN THE SUPREME COURT OF THE       )          No. ACTCA 16 - 20
  )          No. SC 80 of 2003
AUSTRALIAN CAPITAL TERRITORY    )
  )

COURT OF APPEAL  )

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:STANLEY STERGIOU and

EKATERINE STERGIOU

Appellants

AND:CITIBANK SAVINGS LIMITED

Respondent

ORDER

Judges:  Crispin P, Gray and Tamberlin JJ
Date:  10 May 2005
Place:  Canberra

THE COURT ORDERS THAT:

1. the orders of Connolly J be set aside and lieu thereof, the proceedings be dismissed;

2. the notice of motion filed by the appellant on 11 May 2005 also stand dismissed.

IN THE SUPREME COURT OF THE       )          No. ACTCA 16 - 2004
  )          No. SC 80 of 2003
AUSTRALIAN CAPITAL TERRITORY    )
  )

COURT OF APPEAL  )

ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN:STANLEY STERGIOU and

EKATERINE STERGIOU

Appellants

AND:CITIBANK SAVINGS LIMITED

Respondent

Judges:  Crispin P, Gray and Tamberlin JJ
Date:  10 May 2005
Place:  Canberra

REASONS FOR JUDGMENT

THE COURT:

1. It being clear that the respondent had been deregistered prior to the institution of the proceedings before Connolly J, it follows that the proceedings before his Honour were a nullity and accordingly judgment could not lawfully have been given in them.

1. For these reasons I would uphold the appeal, order that the orders of his Honour be set aside and lieu thereof, the proceedings be dismissed.

GRAY J:  I agree.

TAMBERLIN J:  Yes I also agree. 

CRISPIN P:  The orders of the Court are that the appeal be upheld, the orders of Connolly J be set aside and in lieu thereof, it be ordered that the proceedings be dismissed.

MEAGHER SC:  May it please the court.

CRISPIN P:  We make no further order.  Yes thank you would you call the next matter, please.

MEAGHER SC:  I think Mr Stergiou didn’t understand your Honour and I think his McKenzie’s friends are asking if your Honour might explain it to them.

CRISPIN P:  Mr Stergiou, what we have done is to uphold your appeal and we have ordered that the proceedings brought against you before Connolly J be dismissed.

MR STERGIOU:  Thank you.

CRISPIN P:  We have made no other orders.

MR STERGIOU:  Thank you.

CRISPIN P:  Except I suppose that what we should formally do is also dismiss your motion.  I don’t see that we can make those orders either.  So the order of the court is that the notice of motion filed by the appellant on 11 May 2005 also stand dismissed. 

I certify that the preceding paragraphs are a true copy of the Reasons for Judgment herein of the Court.

Associate:

Date:     13 May 2005

Counsel for the Appellant:  Litigant in person

Counsel for the Respondent:  Mr B Meagher SC

Solicitor for the Respondent:  Phelps Reid

Date of hearing:  10 May 2005

Date of judgment:  10 May 2005