Tsekouras v Price

[2007] HCATrans 677

[2007] HCATrans 677

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S99 of 2007

B e t w e e n -

PETER TSEKOURAS

Applicant

and

ANNE PRICE

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
KIEFEL J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 15 NOVEMBER 2007, AT 9.37 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant seeks special leave to appeal against the orders of the Court of Appeal of the Supreme Court of New South Wales (Bryson JA).  By those orders, Bryson JA dismissed the applicant's appeal against the orders of the Supreme Court of New South Wales (Macready AJ) dismissing an application for relief under the Family Provision Act 1982 (NSW). Prior to the hearing before Bryson JA, Handley JA of the Court of Appeal had struck out the applicant's original notice of appeal and given leave to the applicant to file an amended notice of appeal. It was this amended notice of appeal that was before Bryson JA when his Honour dismissed the appeal.

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

The applicant's written submissions do not identify any question of law arising from the decisions below.  His written case and draft notice of appeal are devoted entirely to his factual assertion to have been in a de facto relationship with the deceased.  The notice of appeal does not disclose any intelligible grounds for an appeal, as Bryson JA held.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application. I publish the disposition signed by Justice Kiefel and myself.

AT 9.38 AM THE MATTER WAS CONCLUDED