Valassis v McCabe [1999] NSWCA 373

New South Wales Court of Appeal CITATION : Valassis v McCabe [1999] NSWCA 373 FILE NUMBER(S) : CA 40821/97 HEARING DATE(S) : 30 September 1999 JUDGMENT DATE : 30 September 1999

PARTIES : Dennis Valassis v Colin James Thomas McCabe JUDGMENT OF : Mason P; Meagher JA; Davies AJA

LOWER COURT JURISDICTION : Supreme Court LOWER COURT FILE NUMBER(S) : 15024/95 LOWER COURT JUDICIAL OFFICER : Newman J

COUNSEL : Appellant: Self Respondent: P. Rosier (sol) SOLICITORS : Appellant: Self Respondent: Rosier Associates CATCHWORDS : Vexatious litigant - lack of jurisdiction trial judge. DECISION : Appeal allowed; Order 2 made by Newman J be set aside.; In lieu thereof order that the defendant shall not, wihtou leave of the Court, institute proceedings in the Supreme Court of New South Wales or in the Local Court against the plaintiff, Colin James Thomas McCabe; Order that no existing proceedings already instituted by the defendants against the plaintiff shall be continued by the defendant without leave of the Court; Orders 1 and 3 affirmed; no order as to costs

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IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA: 40821/97

MASON P MEAGHER JA DAVIES AJA

Thursday, 30 September 1999

Dennis VALASSIS v Colin James Thomas MCCABE JUDGMENT

MEAGHER JA: This 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 appellant, 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. His Honour intended to make an order under s.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. In my view the following orders should be made. 1. Appeal allowed. 2. Order 2 by Mr Justice Newman be set aside. 3. In lieu thereof order that the defendant shall not, without the leave of the Court, institute any proceedings in the Supreme Court of New South Wales or in the Local Court against the plaintiff, Mr Colin James Thomas McCabe. 4. Order that no existing proceedings already instituted by the defendants against the plaintiff shall be continued by the defendant without leave of the Court. 5. Orders 1 and 3 affirmed. 6. No order as to costs. MASON P: I agree. DAVIES AJA: I am of the same opinion.