Tsekouras v Evangelinidis [2009] NSWSC 1233

The proceedings were commenced by the plaintiff without leave as required under s 84(2) of the Supreme Court Act 1970 (NSW); no cause of action was properly pleaded against the defendants; there was no legal basis for the proceedings or leave to institute them. Proceedings dismissed for lack of leave.

Jurisdiction: Australia
Judgment Date: 04 November 2009
Procedural Posture: Civil / Application for Leave to Institute Proceedings; Determination on Preliminary Procedural Matters
Outcome: Proceedings dismissed; plaintiff ordered to pay defendants' costs on indemnity basis.
Legal Topics: ['vexatious Litigant' 'leave to Institute Proceedings' 'bankruptcy Annulment' 'indemnity Costs']

['procedure' 'bankruptcy'] ['vexatious Litigant' 'leave to Institute Proceedings' 'bankruptcy Annulment' 'indemnity Costs']

Case Brief

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Procedural Posture

Civil / Application for Leave to Institute Proceedings; Determination on Preliminary Procedural Matters

Legal Issues

1 ['Whether plaintiff can institute proceedings against defendants without leave under s 84(2) of the Supreme Court Act 1970 (NSW)' 'Whether there is a proper cause of action pleaded against each defendant' 'Whether leave should be granted nunc pro tunc']

Ratio Decidendi

Court Disposition

Proceedings dismissed; plaintiff ordered to pay defendants' costs on indemnity basis.

Orders

['Order that the proceedings be dismissed.' "Order that the plaintiff pay the defendants' costs on the indemnity basis."]