Tsekouras v Evangelinidis [2001] NSWSC 755

Tsekouras v Evangelinidis [2001] NSWSC 755

The grounds of appeal failed because the master's reasons were sufficient, the statement of claim was coextensive with an off-setting claim already rejected by the Federal Court, and no reasonable cause of action was disclosed.

Jurisdiction
Australia
Judgment Date
31 August 2001
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
['strike Out of Statement of Claim' 'appeal From Master' 'no Reasonable Cause of Action']
['practice and Procedure'] ['strike Out of Statement of Claim' 'appeal From Master' 'no Reasonable Cause of Action']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the statement of claim disclosed a reasonable cause of action' "Whether the master's order to strike out the statement of claim and dismiss the claim was correct" 'Whether grounds of appeal were sustainable']

Ratio Decidendi

The grounds of appeal failed because the master's reasons were sufficient, the statement of claim was coextensive with an off-setting claim already rejected by the Federal Court, and no reasonable cause of action was disclosed.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed.' "Appellant (plaintiff) to pay the respondent (defendant)'s costs of the appeal on an indemnity basis."]