Applicant v Respondent [2009] VSC 448 | Case summary

Supreme Court of Victoria|2009-10-01|Before: VICKERY J

The application of George Vellisaris of 29 July 2008 in this proceeding and each of the claims therein be stayed.
No further proceeding or process of any kind in the trial decision of the Supreme Court of Victoria, including this proceeding, concerning Maryvell Investments Pty Ltd in liquidation, the conduct of the liquidation, the liquidator or the property at 333 Sydney Road, Brunswick, be accepted for filing by the Prothonotary from George Vellisaris except with the prior leave of the Court.

4 That order is still on foot and I am bound by that order. I am not in a position to consider an appeal in relation to that order.

5 Mr Vellisaris seeks leave to commence a proceeding in relation to the conduct of the liquidator of Maryvell Investments Pty Ltd in relation to the sale of the property at 333 Sydney Road in Brunswick. His central allegation, as stated in his affidavit sworn in support of this application, dated 21 September 2009, and as stated in the submissions that he has made to this Court, is that the liquidator sold that property at an undervalue.

6 Mr Vellisaris has exhibited to his affidavit his proposed writ in the proceeding and a proposed statement of claim. The statement of claim is in handwriting and occupies some 19 pages. I have read that statement of claim in its draft form. I have formed the view that it is not in proper form and it would be impossible for a defendant, served with such a document, to plead to it. For that reason I refuse the application but I will not order any costs in relation to it.

The applicant's application for leave to commence his proceeding is refused.

8 The orders that I have pronounced are in respect of the applicant's application made by his summons dated 21 September 2009, supported by his affidavit dated 21 September 2009, and the exhibits thereto.

Applicant v Respondent

At a glance

Court

Decision date

Before

Source

Judgment (6 paragraphs)

Parties

Cases Cited (1)