Gregory Roman Chalik v Isaac Chalik

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.