Valassis v McCabe

The Court of Appeal of New South Wales heard an appeal concerning an order declaring the defendant, Valassis, a vexatious litigant. The dispute arose from proceedings initiated by Valassis against the plaintiff, Mr McCabe, in the Supreme Court of New South Wales and the Local Court.

The primary legal issue before the Court of Appeal was whether the original order declaring Valassis a vexatious litigant and prohibiting her from instituting proceedings without leave was appropriate. The court was required to consider the nature of Valassis's past litigation and whether it met the threshold for such a declaration under the relevant legislation.

The Court of Appeal allowed the appeal, setting aside the original order made by Newman J. In its place, the court ordered that Valassis should not, without the leave of the Court, institute any proceedings in the Supreme Court of New South Wales or the Local Court against Mr McCabe. The court also made an order regarding existing proceedings already instituted by Valassis without leave. No order was made as to costs.