Vasiliou v Tasiopoulos Lambros & Co

[2007] HCATrans 279

[2007] HCATrans 279

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M85 of 2006

B e t w e e n -

ANDREW VASILIOU

Applicant

and

TASIOPOULOS LAMBROS & CO

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 14 JUNE 2007, AT 9.18 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant seeks to set aside a bankruptcy notice served on him by the respondent arising out of a judgment debt owed by the applicant to the respondent.  The respondent was the judgment creditor in a default judgment obtained in the Magistrates Court at Melbourne in the year 2000, arising from unpaid professional fees.

On 30 August 2004 Phipps FM dismissed an appeal from the refusal of Registrar Mussett to set aside the bankruptcy notice.  Then, on 14 September 2004, Registrar Wood made a sequestration order against the applicant.  O'Dwyer FM refused to set aside that order on 13 October 2004.  On 29 September 2005, Gray J dismissed an appeal to the Federal Court from the decisions of Federal Magistrates Phipps and O'Dwyer, as those decisions disclosed no error.  Gray J gave comprehensive reasons for his decision, reviewing the complex procedural history of the litigation.

The application for special leave to this Court is made from the orders of Gray J.  That application was made on 30 June 2006, well out of time, and, in any event, the application does not advance any question of law that would justify the intervention of this Court.  There are no prospects of success on any appeal to this Court, were an extension of time to be given and special leave to appeal granted.  Special leave is refused.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave.

I publish the disposition signed by Justice Heydon and myself.

AT 9.19 AM THE MATTER WAS CONCLUDED