Tsekouras v Evangelinidis [2001] NSWSC 638

New South Wales Supreme Court

CITATION : Tsekouras v Evangelinidis [2001] NSWSC 638 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 11541/2001 HEARING DATE(S) : 25 July 2001 JUDGMENT DATE : 27 July 2001

Con Tsekouras (Plaintiff) PARTIES : Viveca Evangelinidis (Defendant) JUDGMENT OF : Master Harrison

Mr Con Tsekouras (Plaintiff in person) COUNSEL : Mr Brian Skinner (Defendant) SOLICITORS : Sally Nash & Co (Defendant) CATCHWORDS : Summary judgment LEGISLATION CITED : Supreme Court Rules Air Services Australia v Zarb (NSWSC unreported, 26 August 1998) Dey v Victorian Railway Commissioners (1948-49) 78 CLR 62 CASES CITED : General Steel Industries Inc v Commissioner for Railways (1964) 112 CLR 125 Webster & Anor v Lampard (1993) 177 CLR 598 Colgate Palmolive Pty Limited v Cussons (1993) 46 FCR 225 DECISION : (1) The statement of claim be dismissed; (2) The plaintiff is to pay the defendant's costs.

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THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

MASTER HARRISON

FRIDAY, 27 JULY 2001

11541/2001 - CON TSEKOURAS v VIVECA EVANGELINIDIS

JUDGMENT (Summary Judgment)

1 MASTER: By notice of motion filed 6 June 2001 the defendant seeks an order that the proceedings be dismissed pursuant to Part 13 r 5 of the Supreme Court Rules (SCR) and that the plaintiff not be entitled to file any further statement of claim in these proceedings without further order of a judge of this court. The defendant also seeks an order that the plaintiff pay her costs on an indemnity basis. The defendant relied on the affidavit of Natasha Banfield sworn 5 June 2001. The plaintiff relied on his booklet called "Special Fixture". The plaintiff represented himself with the aid of an interpreter. 2 The statement of claim is very simply pleaded. The substantive parts are reproduced in full below.