Valassis v McCabe [1999] NSWCA 373

Valassis v McCabe [1999] NSWCA 373

There was every reason to justify the conclusion that Mr Valassis had habitually, persistently and without reasonable cause instituted vexatious legal proceedings against Mr McCabe, but Newman J had no jurisdiction to extend the order to McCabe Insurances Pty Limited, McCabe Wellings Insurance Brokers Pty Limited and Janet McCabe. The order therefore had to be set aside to that extent and replaced with an order limited to Mr McCabe.

Jurisdiction
Australia
Judgment Date
30 September 1999
Procedural Posture
Appeal Concerning Declaration as a Vexatious Litigant / Appeal Pursuant to Leave Previously Granted From a Judgment of Newman J
Outcome
Appeal allowed; order 2 made by Newman J set aside; replacement vexatious proceedings orders made against Mr Valassis in favour of Mr McCabe; orders 1 and 3 affirmed; no order as to costs.
Legal Topics
['vexatious Litigant' 'jurisdiction' 'supreme Court Proceedings' 'local Court Proceedings']
['civil Procedure'] ['vexatious Litigant' 'jurisdiction' 'supreme Court Proceedings' 'local Court Proceedings']

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Procedural Posture

Appeal Concerning Declaration as a Vexatious Litigant / Appeal Pursuant to Leave Previously Granted From a Judgment of Newman J

Legal Issues

  1. 1 ['Whether the order declaring Mr Valassis a vexatious litigant was justified.' 'Whether Newman J had jurisdiction to make the order in favour of three additional parties as well as Mr McCabe.']

Ratio Decidendi

There was every reason to justify the conclusion that Mr Valassis had habitually, persistently and without reasonable cause instituted vexatious legal proceedings against Mr McCabe, but Newman J had no jurisdiction to extend the order to McCabe Insurances Pty Limited, McCabe Wellings Insurance Brokers Pty Limited and Janet McCabe. The order therefore had to be set aside to that extent and replaced with an order limited to Mr McCabe.

Court Disposition

Appeal allowed; order 2 made by Newman J set aside; replacement vexatious proceedings orders made against Mr Valassis in favour of Mr McCabe; orders 1 and 3 affirmed; no order as to costs.

Orders

  • ['Appeal allowed.' 'Order 2 by Mr Justice Newman be set aside.' '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.' 'Order that no existing...