Tsekouras v Evangelinidis [2000] FCA 734

Tsekouras v Evangelinidis [2000] FCA 734

The evidence did not justify going behind the judgment debt for unpaid assessed costs, there was no evidence that Mr Tsekouras had sought leave under the Legal Profession Act 1987 (NSW) to appeal the costs determination, and the New South Wales Court of Appeal had already considered and rejected the merits of his proposed appeal. The appeal therefore failed. The proposed appeal from Einfeld J's dismissal of the motion had no prospects of success, so leave to appeal was refused.

Jurisdiction
Australia
Judgment Date
30 May 2000
Procedural Posture
Appeal and Application for Leave to Appeal in Bankruptcy Notice Proceedings / Appeal From Order Dismissing Application to Set Aside Bankruptcy Notice; Application for Leave to Appeal From Order Dismissing Motion
Outcome
Appeal dismissed; leave to appeal refused.
Legal Topics
['bankruptcy Notice' 'application to Set Aside Bankruptcy Notice' 'leave to Appeal' 'costs Assessment Certificate' 'going Behind Judgment']
['bankruptcy and Insolvency' 'civil Procedure' 'legal Profession Costs'] ['bankruptcy Notice' 'application to Set Aside Bankruptcy Notice' 'leave to Appeal' 'costs Assessment Certificate' 'going Behind Judgment']

Case Brief

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Procedural Posture

Appeal and Application for Leave to Appeal in Bankruptcy Notice Proceedings / Appeal From Order Dismissing Application to Set Aside Bankruptcy Notice; Application for Leave to Appeal From Order Dismissing Motion

Legal Issues

  1. 1 ['Whether the appeal from the dismissal of the application to set aside the bankruptcy notice should be allowed.' 'Whether the Court should go behind the judgment in respect of which the bankruptcy notice was issued.' "Whether leave should be granted to appeal from Einfeld J's dismissal of the applicant's motion."]

Ratio Decidendi

The evidence did not justify going behind the judgment debt for unpaid assessed costs, there was no evidence that Mr Tsekouras had sought leave under the Legal Profession Act 1987 (NSW) to appeal the costs determination, and the New South Wales Court of Appeal had already considered and rejected the merits of his proposed appeal. The appeal therefore failed. The proposed appeal from Einfeld J's dismissal of the motion had no prospects of success, so leave to appeal was refused.

Court Disposition

Appeal dismissed; leave to appeal refused.

Orders

  • ['The appeal be dismissed.' "The appellant pay the respondent's costs of and incidental to the appeal." 'Leave to appeal be refused.' "The applicant pay the respondent's costs of and incidental to the application for leave to appeal."]