Zepinic v Chateau Constructions (Aust) Ltd

The Court of Appeal of New South Wales, comprising Bell P and White JA, considered an application for leave to appeal by Mr Zepinic against Chateau Constructions (Aust) Ltd. The core of the dispute concerned whether Mr Zepinic, who was subject to a vexatious proceedings order, could validly institute an application for leave to appeal without first obtaining specific leave under the *Vexatious Proceedings Act 2008* (NSW).

The primary legal issue before the Court was whether Mr Zepinic's application for leave to appeal fell within the scope of the existing vexatious proceedings order. Consequently, the Court had to determine whether the application was a nullity or otherwise invalid due to the absence of prior leave granted under the *Vexatious Proceedings Act 2008* (NSW) to institute such proceedings.

The Court reasoned that the application for leave to appeal was indeed an application that fell within the ambit of the vexatious proceedings order. As Mr Zepinic had not sought, nor been granted, the necessary leave under the *Vexatious Proceedings Act 2008* (NSW) to institute this application, it was to be dismissed on that ground alone. Furthermore, the Court indicated that even if the procedural defect had not been fatal, the application would have been refused on its merits.

Accordingly, the Court dismissed Mr Zepinic's application for leave to appeal and ordered him to pay Chateau Constructions (Aust) Ltd’s costs in the sum of $14,292.34. This costs order was stayed for 14 days, with provisions for Mr Zepinic to seek a variation of the order within 7 days by letter to the Registrar, and for the stay to continue until further order if such an application was made.