Gregory Roman Chalik v Isaac Chalik - [2024] NSWCA 273

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation: Gregory Roman Chalik v Isaac Chalik [2024] NSWCA 273
Hearing dates: 18 November 2024
Date of orders: 18 November 2024
Decision date: 18 November 2024
Before: Price AJA
Decision:
1. The Notice of Appeal as presently drafted is struck out.
2. Grant liberty to Mr Gregory Chalik to file and serve within 14 days of today a further Amended Notice of Appeal.
3. Order that the stay of the orders made by Henry J on 16 February 2024 be lifted only in the following respects:
a) To permit Ms Monica Ross-Maranik the administrator of the estate of the late Margaret Chalik to distribute half the proceeds of the estate to which Mr Isaac Chalik is presently entitled to Mr Isaac Chalik. The distribution is conditional upon and not to be made until Mr Isaac Chalik provides to the Registrar of the NSW Court of Appeal a written undertaking that he will not dissipate the monies distributed to him and will pay those monies into court immediately upon being notified that Mr Gregory Chalik has been successful in his appeal to the Court of Appeal if that event occurs.
b) To permit Ms Monica Ross-Maranik the administrator, to distribute that part of the proceeds of the estate to which Mr Gregory Chalik is entitled to Mr Gregory Chalik subject to the solicitor’s lien. Any monies in excess of the solicitor’s claim are to be distributed to Mr Gregory Chalik and the balance (if any) is to be distributed upon the settlement of the solicitor’s claim.
4. I make no order as to costs.

Catchwords:
CIVIL PROCEDURE – application to strike out notice of appeal – parties self-represented – contents of notice of appeal – application to lift stay – application to lift stay in part

Legislation Cited:
Crimes Act 1900 (NSW)
Uniform Civil Procedure Rules 2005 (NSW)

Cases Cited:
Alexander v Cambridge Credit Corporation Ltd (1985) 10 ALCR 42; (1985) 2 NSWLR 685
Chalik v Chalik [2024] NSWSC 177
Penrith Whitewater Stadium & Abor v Lesvos Pty Ltd & Anor [2007] NSWCA 103

Category: Principal judgment
Parties: Gregory Roman Chalik (Plaintiff)
Isaac Chalik (Defendant)
Representation: Gregory Roman, Chalik (Self-represented)
Isaac Chalik (Self-represented)

File Number(s): 2024/00094840
Publication restriction: Nil

EX TEMPORE JUDGMENT

When we started the hearing this afternoon, I indicated to Mr Gregory Chalik that I had received from him a further notice of motion. I indicated that the notice of motion had not been filed, and procedural fairness had not been accorded to Mr Isaac Chalik as he had only been served with that notice of motion whilst he was on the train coming to court this afternoon.
That notice of motion causes me considerable concern as if it is proceeded with by Mr Gregory Chalik it opens up a new course of action. What that notice of motion proposes is that the judgment of Henry J be set aside on the basis of fraud. The assertion is that…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Gregory Roman Chalik v Isaac Chalik

Details

AGLC: Gregory Roman Chalik v Isaac Chalik [2024] NSWCA 273
Case: [2024] NSWCA 273
Decision Date: 18 November 2024

CaseChat Overview and Summary

In the NSW Court of Appeal, Gregory Roman Chalik sought to appeal orders made by Henry J, with Isaac Chalik as the respondent. The proceedings involved an application to strike out Mr Gregory Chalik's notice of appeal and an application to lift a stay on the original orders. Both parties were self-represented.

The primary legal issues before the Court were whether the notice of appeal, as currently drafted, was sufficient to proceed, and to what extent, if any, the stay on the orders of Henry J should be lifted to allow for the distribution of estate proceeds.

Price AJA determined that the notice of appeal, in its present form, did not adequately set out the grounds of appeal and therefore ordered it to be struck out, granting Mr Gregory Chalik leave to file an amended notice. Regarding the stay, the Court ordered that it be lifted partially to permit the administrator of the estate to distribute half of the proceeds to which Mr Isaac Chalik was entitled, provided he gave an undertaking not to dissipate the funds and to pay them into court if the appeal was successful. The administrator was also permitted to distribute Mr Gregory Chalik's entitlement, subject to a solicitor's lien, with any excess funds to be distributed to him, and the balance to be held pending settlement of the solicitor's claim. No orders were made as to costs.

Orders

Orders of the court

1. The Notice of Appeal as presently drafted is struck out.

2. Grant liberty to Mr Gregory Chalik to file and serve within 14 days of today a further Amended Notice of Appeal.

3. Order that the stay of the orders made by Henry J on 16 February 2024 be lifted only in the following respects:

a) To permit Ms Monica Ross-Maranik the administrator of the estate of the late Margaret Chalik to distribute half the proceeds of the estate to which Mr Isaac Chalik is presently entitled to Mr Isaac Chalik. The distribution is conditional upon and not to be made until Mr Isaac Chalik provides to the Registrar of the NSW Court of Appeal a written undertaking that he will not dissipate the monies distributed to him and will pay those monies into court immediately upon being notified that Mr Gregory Chalik has been successful in his appeal to the Court of Appeal if that event occurs.

b) To permit Ms Monica Ross-Maranik the administrator, to distribute that part of the proceeds of the estate to which Mr Gregory Chalik is entitled to Mr Gregory Chalik subject to the solicitor’s lien. Any monies in excess of the solicitor’s claim are to be distributed to Mr Gregory Chalik and the balance (if any) is to be distributed upon the settlement of the solicitor’s claim.

4. I make no order as to costs.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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Medium Neutral Citation:	Gregory Roman Chalik v Isaac Chalik [2024] NSWCA 273
Hearing dates:	18 November 2024
Date of orders:	18 November 2024
Decision date:	18 November 2024
Before:	Price AJA
Decision:	1. The Notice of Appeal as presently drafted is struck out. 2. Grant liberty to Mr Gregory Chalik to file and serve within 14 days of today a further Amended Notice of Appeal. 3. Order that the stay of the orders made by Henry J on 16 February 2024 be lifted only in the following respects: a) To permit Ms Monica Ross-Maranik the administrator of the estate of the late Margaret Chalik to distribute half the proceeds of the estate to which Mr Isaac Chalik is presently entitled to Mr Isaac Chalik. The distribution is conditional upon and not to be made until Mr Isaac Chalik provides to the Registrar of the NSW Court of Appeal a written undertaking that he will not dissipate the monies distributed to him and will pay those monies into court immediately upon being notified that Mr Gregory Chalik has been successful in his appeal to the Court of Appeal if that event occurs. b) To permit Ms Monica Ross-Maranik the administrator, to distribute that part of the proceeds of the estate to which Mr Gregory Chalik is entitled to Mr Gregory Chalik subject to the solicitor’s lien. Any monies in excess of the solicitor’s claim are to be distributed to Mr Gregory Chalik and the balance (if any) is to be distributed upon the settlement of the solicitor’s claim. 4. I make no order as to costs.
Catchwords:	CIVIL PROCEDURE – application to strike out notice of appeal – parties self-represented – contents of notice of appeal – application to lift stay – application to lift stay in part
Legislation Cited:	Crimes Act 1900 (NSW) Uniform Civil Procedure Rules 2005 (NSW)
Cases Cited:	Alexander v Cambridge Credit Corporation Ltd (1985) 10 ALCR 42; (1985) 2 NSWLR 685 Chalik v Chalik [2024] NSWSC 177 Penrith Whitewater Stadium & Abor v Lesvos Pty Ltd & Anor [2007] NSWCA 103
Category:	Principal judgment
Parties:	Gregory Roman Chalik (Plaintiff) Isaac Chalik (Defendant)
Representation:	Gregory Roman, Chalik (Self-represented) Isaac Chalik (Self-represented)
File Number(s):	2024/00094840
Publication restriction:	Nil