Tsekouras v Evangelinidis S187/2000

The parties to this proceeding were Tsekouras and Evangelinidis. The dispute concerned an application for leave to appeal to the High Court of Australia from a judgment of the Supreme Court of Victoria. The application was heard by Gummow J in chambers.

The primary legal issue before Gummow J was whether the applicant had demonstrated that the judgment of the Supreme Court of Victoria involved a question of law that, in the public interest, it was desirable for the High Court to review. This required consideration of whether the case raised a matter of general importance or a point of law that had not been settled by the High Court or was in doubt.

Gummow J considered the nature of the dispute and the arguments presented by the applicant. His Honour applied the principles governing the grant of special leave to appeal, which require a strong arguable case and a demonstration that the appeal is in the public interest. After reviewing the material, Gummow J concluded that the applicant had not satisfied the threshold for the grant of special leave.

Special leave to appeal was refused.