Tsekouras v Evangelinidis

Case

[2000] HCATrans 499

No judgment structure available for this case.

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S187 of 2000

B e t w e e n -

CON TSEKOURAS

Applicant

and

VIVECA EVANGELINIDIS

Respondent

Application for expedition

GUMMOW J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON TUESDAY, 7 NOVEMBER 2000, AT 9.57 AM

Copyright in the High Court of Australia

MR C. TSEKOURAS appeared in person.

MR J.T. JOHNSON:   If the Court pleases, I appear for the respondent.  (instructed by Sally Nash & Co)

HIS HONOUR:   Mr Tsekouras.

MR COKINAS:  Yes, your Honour.  I am a Greek interpreter, your Honour.

HIS HONOUR:   Yes, you are here to translate.  Would you mind going in the box and you can be sworn.

DIMITRI COKINAS, sworn as Interpreter:

HIS HONOUR:   Now, Mr Johnson, what is your client's attitude to this application, which is one of expedition of a leave application, as I understand it?

MR JOHNSON:   Your Honour, we neither consent nor oppose.  In doing so though, your Honour, if I might indicate it is not apparent from the record, there has been no stay of the sequestration order.

HIS HONOUR:   That is right.

MR JOHNSON:   So there probably is some urgency, if there is any merit on the special leave application.

HIS HONOUR:   Yes, very well.  Mr Cokinas, if you can tell your client that I have read the written materials and if he wishes to supplement them, to add to them, with any oral statement shortly, he should do so now and you will translate for him.

MR TSEKOURAS (through Interpreter):   Whatever I have to say I have already stated that in my statement.  The only thing is I have an invoice or a bill here, which recently I got that, and I do not accept that.  I reject it.  I want that bill, if I have to pay, I want it to be taxed and ‑ ‑ ‑

HIS HONOUR:   That is not a question for this morning.  Could you explain?

MR TSEKOURAS (through Interpreter):   What else the honourable Court require of me?

HIS HONOUR:   No more.  I will take a short adjournment and read again the written material, then I will come back and I will give my decision.

MR TSEKOURAS (through Interpreter):   Thank you, your Honour.

HIS HONOUR:   Very well, take a short adjournment.

AT 10.01 AM SHORT ADJOURNMENT

UPON RESUMING AT 10.12 AM:

HIS HONOUR:   I have looked at the papers.  I will direct that the leave application go in the first available list, which is that for 6 April 2001 in Sydney.  The costs of the appearances this morning will be costs on the special leave application.  I certify for counsel.

MR JOHNSON:   If the Court pleases.

HIS HONOUR:   Thank you, Mr Cokinas.  Does your client understand that?

MR TSEKOURAS:   Thank you, your Honour.

HIS HONOUR:   Yes.  Very well, we will adjourn until 2.00 pm today.

AT 10.13 AM THE MATTER WAS ADJOURNED

Areas of Law

  • Civil Procedure

Legal Concepts

  • Abuse of Process

  • Stay of Proceedings

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