VALASSIS v NIKOLAIDIS & CO [1996] NSWCA 542

VALASSIS v NIKOLAIDIS & CO SUPREME COURT OF NEW SOUTH WALES — CouRT OF APPEAL

HANDLEY JA and COLE JA 3 May 1996

[1996] NSWCA 542

Handley JA. In this matter the Court delivered judgment on 29 March 1996. By notice of motion received at the registry on 11 April 1996 Mr Valassis, the claimant, sought a re-hearing of the case.

The registrar by letter dated 17 April directed Mr Valassis to put any additional arguments in writing. The notice of motion had been supported by a detailed affidavit by the claimant sworn 11 April 1996 which set out the nature of his arguments. The registrar's letter to the claimant directed that any further material to be relied upon in support of the application was to be filed no later than 4.00pm on Wednesday 24 April 1996. No further material was filed pursuant to the registrar's direction.

The Court has carefully considered the material in the claimant's affidavit of 11 April 1996. The material in paras | to 8 of that affidavit,comprising pages | to 17, is a word-for-word repetition of the material contained in the original affidavit of the claimant in support of the summons which was heard and dismissed by the Court on 29 March. I refer to the affidavit of the claimant of 1 March 1996.

There is new material in paras 9 to 12 inclusive of the claimant's affidavit of 11 April 1996, but although this material is new in form, it contains nothing that is new in substance. It is clear therefore that this application for a re-hearing is not supported by any new material.

In those circumstances this Court must refuse this motion with costs. That is the order of the Court and the Court directs that the order be entered forthwith.

Orders accordingly.