VALASSIS v McCABE [1995] NSWCA 481

VALASSIS v McCABE [1995] NSWCA 481

No error was shown in McInerney J's decision to decline relief in the nature of mandamus; relief is discretionary and can be declined when proceedings are already pending in the Local Court to consider the merits.

Parties
Claimant: Dennis Valassis; 1st Opponent/magistrate: T Cleary; 2nd Opponent: C J T McCabe; 2nd Opponent: McCabe Wellings Insurance Broker Pty Limited
Jurisdiction
Australia
Judgment Date
10 April 1995
Procedural Posture
Application for Relief in the Nature of Mandamus / Summons for Leave to Appeal and for Relief; Appellate Judgment
Outcome
Summons dismissed; claimant to pay costs of the opponent.
Legal Topics
Relief in the Nature of Mandamus, Discretionary Relief, Procedural Requirements for Mandamus, Administrative Law Procedure
Administrative Law Relief in the Nature of Mandamus Discretionary Relief Procedural Requirements for Mandamus Administrative Law Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Dennis Valassis

Claimant

T Cleary

1st Opponent/magistrate

C J T McCabe

2nd Opponent

McCabe Wellings Insurance Broker Pty Limited

2nd Opponent

Procedural Posture

Application for Relief in the Nature of Mandamus / Summons for Leave to Appeal and for Relief; Appellate Judgment

Legal Issues

  1. 1 Whether McInerney J erred in declining relief in the nature of mandamus
  2. 2 Whether relief should be granted by the Court of Appeal directing the magistrate to perform duties pursuant to the Rules of the Local Court

Ratio Decidendi

No error was shown in McInerney J's decision to decline relief in the nature of mandamus; relief is discretionary and can be declined when proceedings are already pending in the Local Court to consider the merits.

Court Disposition

Summons dismissed; claimant to pay costs of the opponent.

Orders

  • The summons is dismissed.
  • Claimant must pay the second opponent's costs of the summons.