Valassis v McCabe

[1998] HCATrans 46

Office of the Registry
  Sydney  No S55 of 1996

B e t w e e n -

DENNIS VALASSIS

Applicant

and

COLIN J.T. McCABE

Respondent

Application for special leave to appeal

HAYNE J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 13 FEBRUARY 1998, AT 2.10 PM

Copyright in the High Court of Australia

MR D. VALASSIS appeared in person.

HAYNE J:   Mr Valassis, in this matter I have a certificate from the Registrar that he has been informed that the respondent in the matter does not wish to be represented at the hearing of the application and will submit to any order save as to costs.  Yes, Mr Valassis.

MR VALASSIS:   With your permission, please, your Honour, regarding to the previous matter, only one question if you allow me?  Only one question.

HAYNE J:   Yes.  That matter is concluded, Mr Valassis.  What is your question?

MR VALASSIS:   The arbitrator, he give me costs $1,752, still I am responsible for these costs?

HAYNE J:   Mr Valassis, that is a matter on which you will have to make your own judgment and take your own advice.

MR VALASSIS:   Thank you, your Honour.  This matter is - the application was - - -

HAYNE J:   This matter concerns the procedures that were followed in an assessment of costs, is that right?

MR VALASSIS:   Yes, assessment of costs.

HAYNE J:   And whether you were served with a document before the assessment of costs was made, is that right?

MR VALASSIS:   Yes.  Well, the question is free:  I never receive the assessment documents, and regarding to the Legal Profession Regulation, 1994, Clause 26, Capital Fee (1)(a), I have the right to lodge my objection in 21 days which I never had this opportunity. 

The second point of law I do have: the assessor since he receive this application he should inform the respondent, which he never did, and this is clear, your Honour, I never received this application. The assessor, he did error in law with section 202 of the Legal Profession Act 1987.

The respondent’s solicitor, Mr Rosier, he had been to the court and he give false statement in oath.  These three points make me to come in to the High Court of Australia and I feel I did not have a service from the court which I should have.  This is the reasons which I appeal against the decision of the assessor.  I been to the Supreme Court and Supreme Court erred in

law regarded of section 104 of the Justice Act.  I been to the Court of Appeal and also dismissed my application.

Your Honour is strictly against the applicant.  The applicant never have equal service from the court.  This is the reason I come in here today.  I am finished with this matter.  Further to this, your Honour, if you have a look the applicant letter, the list of authorities, No 1, you see the letter from the respondent which he never say he enclose the assessment party/party documents.  He did say clear.  He never say “I enclose this documents”.

Now, I receive one of the documents, 13806 of 95 from the registry from the Court of Appeal.  The other matter, 13805 of 95 I never have been receiving until today.  As you see in my affidavit of 9 November 95, if you read this affidavit, your Honour, you see my situation and I say I am going to lodge my objection in 21 days from the day I received this.  I say I received this particular form - one form, not two of them, the other form I never receive - and I say I am going to lodge my objection in 21 days.

Further to this, your Honour, which I never have been replied to this particular affidavit, I write a letter to a solicitor - respondent’s solicitor on 20 November 95 which he never respond to my letter, and further affidavit of 15 November, No 12.  Well, these three documents, your Honour - these three documents - they see very clear my situation at the time which I do explain in my affidavits my situation and the respondent never replied to my correspondence and to my affidavits, and the respondent’s legal representative, he succeed, once again, to mislead the court, went into the witness box and he give untruthful evidence.

Your Honour, I am not solicitor but how I can accept this, a solicitor to give service to his claim, to give incorrect evidence.  This is not service from solicitor to his claim, this is the reason why I come here, the High Court of Australia.  Further to this, your Honour, if you see the last, 15 and 16 pages, the respondent he succeed to defraud me $38,288.77 which he is not entitled and I have no legal representative to give me opinion and protection.  Thank you for this matter, your Honour.

HAYNE J:   Thank you, Mr Valassis.

The applicant complains about the procedural steps followed in connection with an assessment of costs.  No point of principle is raised.  The decision of the Court of Appeal is not attended by doubt.  Special leave will be refused.

AT 2.18 PM THE MATTER WAS CONCLUDED