Gregory Roman Chalik v Igor Chalik [2024] NSWCA 203

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Gregory Roman Chalik v Igor Chalik [2024] NSWCA 203 Hearing dates: 12 August 2024 Date of orders: 12 August 2024 Decision date: 12 August 2024 Before: Price AJA Decision: 1. Strike out causes of actions (A)-(I), clause 5 and grounds 2, 3, 4, 5, 6, 7, 12, 13, 14, 15, 19, 21, 22, 23, 24, 24(5), 25, 26 and 27 of the appellant's Further Amended Notice of Appeal dated 29 July 2024. 2. Make a direction to the Registrar pursuant to Uniform Civil Procedure Rules 2005 (NSW) r 7.36 to refer the appellant to a barrister or solicitor in the pro bono scheme panel to redraft the Further Amended Notice of Appeal. 3. Stand the matter over to 19 August 2024 before the Registrar and extend the current stay of the orders made by Henry J until 19 August 2024. 4. I make no orders as to costs. Catchwords: APPEALS — procedure — time limits — whether notice of appeal ought be dismissed for failure to serve on respondent in time CIVIL PROCEDURE — summary disposal — notice of motion seeking striking out or dismissal of proceedings — abuse of process — no reasonable cause of action — frivolous or vexatious proceedings — where self-represented appellant failed to adequately draft grounds of appeal Legislation Cited: Civil Procedure Act 2005 (NSW), s 63 Uniform Civil Procedure Rules 2005 (NSW), rr 51.41, 7.36 Category: Procedural rulings Parties: Gregory Roman Chalik (Appellant/ Respondent in Notice of Motion) Igor Chalik (Respondent/ Applicant in Notice of Motion) Representation: Counsel: Mr G Chalik (Appellant/ Respondent in Notice of Motion) (Self-Represented, appeared by AVL) Mr N Allan (Respondent/ Applicant in Notice of Motion)