Zepinic v Chateau Constructions (Aust) Ltd [2016] NSWCA 50

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Zepinic v Chateau Constructions (Aust) Ltd [2016] NSWCA 50 Hearing dates: 16 March 2016 Decision date: 22 March 2016 Before: McColl JA; Leeming JA Decision: Summons seeking leave to appeal filed on 6 November 2015 dismissed as incompetent. Catchwords: APPEALS – competency – application for leave to appeal – obligation to provide local address for service – where applicant maintained entitlement to provide United Kingdom address and asserted that personal service of him in the United Kingdom was required – where Court had earlier advised that originating process without a local address for service was apt to be regarded as incompetent – application dismissed as incompetent Legislation Cited: Civil Procedure Act 2005 (NSW), s 126 Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, art 10 Supreme Court Act 1970 (NSW), s 46 Uniform Civil Procedure Rules 2005 (NSW), Pt 11A, rr 4.2, 4.5, 10.20, 11A.12, 51.41 Vexatious Proceedings Act 2008 (NSW) Cases Cited: Chateau Constructions (Aust) Ltd v Zepinic (Supreme Court (NSW), Rein J, 12 December 2014, unrep) Zepinic v Chateau Constructions (Aust) Ltd [2014] NSWCA 27; 85 NSWLR 289 Zepinic v Chateau Constructions (Aust) Ltd (No 2) [2014] NSWCA 99 Texts Cited: A Briggs, Private International Law in English Courts (2014, Oxford University Press) Category: Principal judgment Parties: Vito Zepinic (Applicant) Chateau Constructions (Aust) Ltd (Respondent) Representation: Counsel: Applicant in person B Ilkovski (Respondent)