Valassis v McCabe [1999] NSWCA 423

New South Wales Court of Appeal CITATION : Valassis v McCabe [1999] NSWCA 423 FILE NUMBER(S) : CA 040821/97 HEARING DATE(S) : 30 september 1999 JUDGMENT DATE : 30 September 1999

PARTIES : Dennis Valasis Colin James McCabe JUDGMENT OF : Mason P at 4; Meagher JA at 1; Davies AJA at 5

LOWER COURT JURISDICTION : Supreme Court - Common Law Division LOWER COURT FILE NUMBER(S) : LOWER COURT JUDICIAL OFFICER : Newman J

COUNSEL : Dennis Valassis - litigant in person - appellant SOLICITORS : Dennis Valassis - litigant in person Mr Rosier - Rosier & Associates (respondant) CATCHWORDS : appeal against being declared a vexatious litigant DECISION : 1. Appeal allowed; 2. Order No 2 by Newman J be set aside.; 3. In lieu thereof that the defendaant shall not, without the leave of the Court, institute any proceedings in the Supreme Court of NSW or in the Local Court against the plaintiff, Mr McCabe.; 4.Order that no existing proceedings already instituted by the defendant without leave of the Court; 5. Orders 1 & 3 affirmed.; 6. No order as to costs.

- 1 - THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CA 040821/97

MASON P MEAGHER JA DAVIES AJA

THURSDAY 30 SEPTEMBER 1999 DENNIS VALASSIS v COLIN JAMES THOMAS McCABE JUDGMENT

1 MEAGHER JA: There is an appeal by the defendant Mr Valassis pursuant to leave previously granted against a judgment of Mr Justice Newman declaring him a vexatious litigant. The sketch of Mr Valassis's extensive litigation is contained in his Honour's judgment. I shall not repeat it. Suffice it to say that there is every reason to justify his Honour's conclusion that the defendant has habitually, persistently and without any reasonable cause instituted vexatious legal proceedings against the plaintiff Mr McCabe, the present respondent, in the Local Court, Supreme Court, Federal Court and the High Court. He has already been declared a vexatious litigant in the Land and Environment Court. 2 His Honour intended to make an order under section 84 (2) in favour of the plaintiff. In fact presumably by inadvertence he made an order in favour of the plaintiff and three other parties, McCabe Insurances Pty Limited and McCabe Wellings Insurance Brokers Pty Limited and Janet McCabe. His Honour had no jurisdiction to add those three additional parties.