Tsekouras v Evangelinidis [2004] HCATrans 71 (12 March 2004)

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Tsekouras v Evangelinidis [2004] HCATrans 71 (12 March 2004)

Last Updated: 29 April 2004

[2004] HCATrans 071

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S438 of 2003

B e t w e e n -

CON TSEKOURAS

Applicant

and

VIVIECA EVANGELINIDIS

Respondent

Application for special leave to appeal

CALLINAN J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 12 MARCH 2004, AT 12.59 PM

Copyright in the High Court of Australia

MR C. TSEKOURAS appeared in person.

DIMITR ZAFIROPOULOS, sworn as interpreter:

CALLINAN J: I have a certificate from the Deputy Registrar dated 11 March 2004. The respondent has not filed an appearance in this matter. The applicant has sworn an affidavit deposing that when he tried to serve the respondent at her last known address, he was told that the respondent no longer resided at that address. Please proceed, Mr Tsekouras. Is there anything you wish to add to your written submissions?

MR TSEKOURAS (through interpreter): I will say what I have written.

CALLINAN J: We have read all of that. You can say it again, but there is no point in saying it if it is all written here.

MR TSEKOURAS (through interpreter): What should I do then?

CALLINAN J: Well, you can say anything that you wish to add, or anything that you think may assist your case.

MR TSEKOURAS (through interpreter): All I want to say is that I was paying the bills and they considered me bankrupt. They claim that they paid for the bills, and I can present bank statements and bank cheques that I have paid the bills. Mrs Evangelinidis was working for the insurance company. She was giving availing information to her – to the insurance. I was not a sick person, I was not an alcoholic, and I was not unfit because of alcohol. Car accident. Four years in a wheelchair.

CALLINAN J: Right, very well. Nothing further?

MR TSEKOURAS (through interpreter): I have called her five times in the hearings and no appearance. I am subjected to expense. I called up to the Court to make her appear before the Court or providing – I am providing all the necessary documentation to prove that I did pay all the accounts, and I have to produce statements and bank cheques from the bank. Also I have a letter from the bank. I can show it to the Court, if necessary.

CALLINAN J: The Court cannot receive any further evidence in this matter.

MR TSEKOURAS (through interpreter): Yes, that is it.

CALLINAN J: Thank you.

This is an application for special leave to appeal from a decision of the Court of Appeal of New South Wales of 17 July 2003. The Court of Appeal in its judgment touched upon the long history of litigation between these parties, which was much more fully dealt with by the primary judge. The Court of Appeal was of the opinion that the present proceedings are a clear abuse of process, being both vexatious and frivolous in their legal senses, and that the court was not bound to hear any argument in clear cases such as this one, and was entitled summarily to dismiss the proceedings. It accordingly did so.

There is no reason to doubt the correctness of the decision of the Court of Appeal. We would simply add this, that there is no point in Mr Tsekouras’ prolonging these proceedings by seeking to litigate substantially the issue which has been already decided on a number of occasions against him. The application is dismissed. Adjourn the Court until 2.15.

AT 1.08 PM THE MATTER WAS CONCLUDED