Zepinic v Chateau Constructions (Aust) Ltd [2020] NSWCA 291

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Zepinic v Chateau Constructions (Aust) Ltd [2020] NSWCA 291 Hearing dates: On the papers Date of orders: 17 November 2020 Decision date: 17 November 2020 Before: Bell P at [1]; White JA at [42] Decision: 1. Application for leave to appeal dismissed. 2. Mr Zepinic to pay Chateau Constructions (Aust) Ltd's costs in the sum of $14,292.34. 3. Order 2 to be stayed for 14 days. 4. In the event that Mr Zepinic seeks to vary order 2, he is to do so by letter addressed to the Registrar of the Court of Appeal within 7 days of these orders. 5. If Mr Zepinic applies within 7 days to vary order 2 as provided for by order 4, order 2 be stayed until further order. Catchwords: APPEAL – applicant for leave to appeal subject to vexatious proceedings order – application falling within scope of the order – no leave sought or granted under Vexatious Proceedings Act 2008 (NSW) to institute application for leave to appeal – application to be dismissed by reason of that fact – application would in any event have been refused. Legislation Cited: Vexatious Proceedings Act 2008 (NSW) ss 4, 8, 13, 14, 16 Cases Cited: Chateau Constructions (Aust) Ltd v Zepinic [2020] NSWSC 266 Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225; [1993] FCA 801 Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397; [1988] FCA 202 Horseshoe Pastoral Co Pty Ltd v Murray Smith t/as South Coast Tile and Slate Co [1995] NSWCA 200 Vito Zepinic v Chateau Constructions (Aust) Limited [2018] NSWCA 317 Zepinic v Chateau Constructions (Aust) Limited (No 2) [2019] NSWCA 187 Zepinic v Chateau Constructions (Aust) Ltd [2019] HCASL 326 Zepinic v Chateau Constructions (Aust) Ltd [2017] NSWSC 582 Category: Principal judgment Parties: Vito Zepinic (Applicant) Chateau Constructions (Aust) Ltd (Respondent) Representation: Solicitors: