Zioukin v Lang

The matter before the Court of Appeal of New South Wales concerned an application for leave to appeal by Mr Zioukin against Ms Lang. Mr Zioukin sought to appeal a decision, but the notice of appeal was found to be incompetent. Additionally, a summons seeking leave to appeal was filed.

The primary legal issues before the Court were whether the notice of appeal was competent and whether sufficient grounds existed to grant leave to appeal. The Court also considered an application made on the day of the hearing to vacate it, and whether there was a sufficient basis to grant such an application.

The Court determined that the notice of appeal was incompetent. Furthermore, no sufficient basis was shown to justify the grant of leave to appeal, nor was there a sufficient basis to grant the application to vacate the hearing. The Court applied principles relating to the competence of appeals and the requirements for granting leave to appeal, particularly in circumstances where an applicant is unrepresented and makes applications on the day of the hearing without adequate justification.

Consequently, the notice of appeal in 2022/208946 was dismissed as incompetent, and Mr Zioukin was ordered to pay Ms Lang’s costs. In 2023/32740, the summons seeking leave to appeal was dismissed, with Mr Zioukin again ordered to pay Ms Lang’s costs.