Gregory Roman Chalik v Igor Chalik

[2024] NSWCA 203

Court of Appeal

Supreme Court

New South Wales

• Amendment notes

Medium Neutral Citation:

Gregory Roman Chalik v Igor Chalik [2024] NSWCA 203

Hearing dates:

12 August 2024

Date of orders:

12 August 2024

Decision date:

12 August 2024

Before:

Price AJA

Decision:

1. Strike out causes of actions (A)-(I), clause 5 and grounds 2, 3, 4, 5, 6, 7, 12, 13, 14, 15, 19, 21, 22, 23, 24, 24(5), 25, 26 and 27 of the appellant’s Further Amended Notice of Appeal dated 29 July 2024.

2. Make a direction to the Registrar pursuant to Uniform Civil Procedure Rules 2005 (NSW) r 7.36 to refer the appellant to a barrister or solicitor in the pro bono scheme panel to redraft the Further Amended Notice of Appeal.

3. Stand the matter over to 19 August 2024 before the Registrar and extend the current stay of the orders made by Henry J until 19 August 2024.

4. I make no orders as to costs.

Catchwords:

APPEALS — procedure — time limits — whether notice of appeal ought be dismissed for failure to serve on respondent in time

CIVIL PROCEDURE — summary disposal — notice of motion seeking striking out or dismissal of proceedings — abuse of process — no reasonable cause of action — frivolous or vexatious proceedings — where self-represented appellant failed to adequately draft grounds of appeal

Legislation Cited:

Civil Procedure Act 2005 (NSW), s 63

Uniform Civil Procedure Rules 2005 (NSW), rr 51.41, 7.36

Category:

Procedural rulings

Parties:

Gregory Roman Chalik (Appellant/ Respondent in Notice of Motion)
Igor Chalik (Respondent/ Applicant in Notice of Motion)

Representation:

Counsel:
Mr G Chalik (Appellant/ Respondent in Notice of Motion) (Self-Represented, appeared by AVL)
Mr N Allan (Respondent/ Applicant in Notice of Motion)

Solicitors:
Ziman & Ziman Solicitors (Respondent/ Applicant in Notice of Motion)

File Number(s):

2024/00094840

 Decision under appeal 

Court or tribunal:

Supreme Court of New South Wales

Jurisdiction:

Equity

Citation:

[2023] NSWSC 117

Date of Decision:

16 February 2024

Before:

Henry J

File Number(s):

2021/326779 and 2021/296823

EX TEMPORE JUDGMENT

1. PRICE AJA: In these proceedings, this afternoon, the first respondent, in the underlying appeal, Igor Chalik, by an amended notice of motion sought orders in paras 1 and 2 for substantive relief. Those paragraphs sought orders dismissing the appeal summarily under Uniform Civil Procedure Rules 2005 (NSW) r 51.41 and Civil Procedure Act 2005 (NSW) s 63(3)(a) as having been improperly served and commenced out of time.

2. Following discussions with Mr Allan of counsel, to whose attention I directed the Registrar’s orders made on 22 July 2024, these prayers have not been pressed.

3. The alternative prayer in para 3 of the notice of motion has been pressed, in particular, the orders sought in para 3(a), striking out the appellant's further amended notice of appeal dated 29 July 2024 as not disclosing any arguable appeal, and being frivolous and vexatious and an abuse of process and, in para 3(b) seeking to dismiss the proceedings on the same basis.

4. I do not propose…