Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tsecouras v Price [2008] FCA 845 PETER TSECOURAS v ANNE PRICE NSD 655 OF 2008
COWDROY J
4 JUNE 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 655 OF 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: PETER TSECOURAS
Appellant
AND: ANNE PRICE
Respondent
JUDGE: COWDROY J
DATE OF ORDER: 4 JUNE 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The Notice of Appeal and proceedings NSD 655/2008 be struck out pursuant to O 20 r 5(2) of the Federal Court Rules (Cth). 2. The Appellant pay the costs of the Respondent.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 655 OF 2008
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: PETER TSECOURAS
Appellant
AND: ANNE PRICE
Respondent
JUDGE: COWDROY J
DATE: 4 JUNE 2008
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 Before the Court is a notice of appeal filed on 9 May 2008 appealing from the decision of Federal Magistrate Lloyd-Jones delivered on 6 May 2008. On that day Lloyd-Jones FM made various orders including an order of sequestration against the estate of the appellant. Also before the Court is an oral motion made by the respondent to strike out the appellant's appeal as an abuse of process pursuant to O 20 r 5 of the Federal Court Rules (Cth) ('the Rules'). The appellant is unrepresented but is assisted by a Greek interpreter. He wishes to proceed with the matter today and accordingly the Court has heard the submissions of both parties and will proceed to give its decision forthwith. 2 The relevant history of these proceedings was contained in the decision of Tsecouras v Price [2008] FCA 106. 3 The appellant's notice of appeal raises five grounds. The first ground states: I Peter Tsecouras am still awaiting a determination from the High Court on an appeal (S99 of 2007), so any decision on s 41(6C) should have been deferred until after then.
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