Gregory Roman Chalik v Igor Chalik [2024] NSWCA 203

Gregory Roman Chalik v Igor Chalik [2024] NSWCA 203

Parts of the further amended notice of appeal were struck out as not disclosing any reasonable cause of appeal, being frivolous and vexatious and an abuse of process. The appellant was referred to a pro bono barrister or solicitor for assistance in redrafting the notice of appeal due to lack of means and complexity of the proceedings.

Jurisdiction
Australia
Judgment Date
12 August 2024
Procedural Posture
Appeal / Interlocutory Procedural Ruling
Outcome
Strike out in part; referral for pro bono assistance; stand over for further hearing; no order as to costs
Legal Topics
['summary Disposal' 'striking Out Grounds' 'pro Bono Referral' 'notice of Appeal Drafting' 'time Limits' 'frivolous or Vexatious Litigation' 'abuse of Process']
['civil Procedure' 'appeals'] ['summary Disposal' 'striking Out Grounds' 'pro Bono Referral' 'notice of Appeal Drafting' 'time Limits' 'frivolous or Vexatious Litigation' 'abuse of Process']

Case Brief

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Procedural Posture

Appeal / Interlocutory Procedural Ruling

Legal Issues

  1. 1 ["Whether parts of the appellant's notice of appeal should be struck out for not disclosing any reasonable cause of appeal" 'Whether the appellant should be referred to a pro bono barrister or solicitor for assistance in drafting the notice of appeal']

Ratio Decidendi

Parts of the further amended notice of appeal were struck out as not disclosing any reasonable cause of appeal, being frivolous and vexatious and an abuse of process. The appellant was referred to a pro bono barrister or solicitor for assistance in redrafting the notice of appeal due to lack of means and complexity of the proceedings.

Court Disposition

Strike out in part; referral for pro bono assistance; stand over for further hearing; no order as to costs

Orders

  • ["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." 'Direction to Registrar to refer the appellant to a barrister or solicitor in the pro bono scheme panel to...