VALASSIS v VALVERDE [1998] NSWCA 245

VALASSIS v VALVERDE [1998] NSWCA 245

The claimant, acting in person, was only entitled to minimal costs, and the substantive and procedural grounds for challenging the cost assessment order were lacking. Therefore, the application for leave to appeal and adjournment was dismissed with costs.

Parties
Claimant: Valassis; Opponent: Valverde
Jurisdiction
Australia
Judgment Date
09 November 1998
Procedural Posture
Application for Leave to Appeal / Dismissal of Summons for Leave to Appeal From Orders of Master Malpass
Outcome
Application for adjournment declined; summons for leave dismissed with costs.
Legal Topics
Self Represented Party Cost Recovery, Assessment of Costs, Leave to Appeal, Adjournment Applications
Civil Procedure Costs Self Represented Party Cost Recovery Assessment of Costs Leave to Appeal Adjournment Applications

Case Brief

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Parties

Valassis

Claimant

Valverde

Opponent

Procedural Posture

Application for Leave to Appeal / Dismissal of Summons for Leave to Appeal From Orders of Master Malpass

Legal Issues

  1. 1 Whether the claimant was entitled to recover profit costs as a self-represented litigant
  2. 2 Whether there was a basis to challenge the assessment of costs
  3. 3 Whether leave to appeal should be granted

Ratio Decidendi

The claimant, acting in person, was only entitled to minimal costs, and the substantive and procedural grounds for challenging the cost assessment order were lacking. Therefore, the application for leave to appeal and adjournment was dismissed with costs.

Court Disposition

Application for adjournment declined; summons for leave dismissed with costs.

Orders

  • Adjournment refused
  • Summons for leave to appeal dismissed