Papoutsakis v Tsiakis [2025] NSWSC 35

Supreme Court New South Wales

Medium Neutral Citation: Papoutsakis v Tsiakis [2025] NSWSC 35 Hearing dates: 7 February 2025 Date of orders: 11 February 2025 Decision date: 11 February 2025 Jurisdiction: Common Law Before: Weinstein J Decision: (1) The proceedings are summarily dismissed against the third defendant. (2) The plaintiff is to pay the third defendant's costs of the proceedings and of the notice of motion. Catchwords: CIVIL PROCEDURE – application for summary dismissal – where plaintiff is undischarged bankrupt ­– whether proceedings come within exception in s 116(2)(g) of Bankruptcy Act ­– no question of principle – where alleged injuries said to be caused by bankruptcy – not a category of exception – no standing ­– proceedings untenable ­– abuse of process – application granted for summary dismissal as against third defendant Legislation Cited: Bankruptcy Act 1966 (Cth) ss 60, 116, 265 Uniform Civil Procedure Rules 2005 (NSW) r 13.4 Cases Cited: Agar v Hyde (2000) 201 CLR 552 Cappello v Homebuilding Pty Ltd [2024] NSWCA 88 General Steel Industries Inc v Commissioner for Railways (1964) 112 CLR 125 Kovarfi v BMT & Associates Pty Ltd (No 2) [2014] NSWSC 100 Papoutsakis v Dunn [2024] NSWCA 246 Papoutsakis v Scanlon [2024] NSWSC 562 Papoutsakis v Tenbensel [2024] TASSC 13 Samootin v Shea [2010] NSWCA 371 Singh v Harrowell & Ors [2023] NSWSC 420 Category: Procedural rulings Parties: Antonios Papoutsakis (Plaintiff) Paul Scanlon (First Defendant) Prime Capital Securities Pty Ltd (Second Defendant) Steven Tsiakis (Third Defendant) Representation: A Papoutsakis (Plaintiff) (Self-represented) S Tsiakis (Third Defendant) (Self-represented) File Number(s): 2023/361139 Publication restriction: Nil