Young v Roads and Maritime Services - [2019] NSWCA 266

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation: Young v Roads and Maritime Services [2019] NSWCA 266
Hearing dates: 24 October 2019
Date of orders: 31 October 2019
Decision date: 31 October 2019
Before: Macfarlan JA; Emmett AJA
Decision:
Application for leave to appeal dismissed with costs.

Catchwords: APPEALS – leave to appeal – respondent sought recovery of unpaid rent for area of seabed over which the applicant’s houseboat is moored – no question of principle raised – application for leave dismissed
Legislation Cited: Commonwealth and State Housing Agreement Act 1945 (Cth)
Judiciary Act 1903 (Cth), s 38(a)
Omnibus Repeal Day (Autumn 2014) Act 2014 (Cth)
Uniform Civil Procedure Rules 2005 (NSW), r 9.1
Category: Procedural and other rulings
Parties: Maureen Mary Young (Applicant)
Roads and Maritime Services (First Respondent)
State of New South Wales (Second Respondent)
Representation:
Counsel:
Self-represented Applicant
P M Lane (Respondents)
Solicitors:
Self-represented Applicant
Crown Solicitor’s Office (First and Second Respondents)

File Number(s): 2019/290549
Decision under appeal

Court or tribunal:

Supreme Court

Jurisdiction:

Common Law

Citation:

[2019] NSWSC1014

Date of Decision:

13 August 2019, 30 September 2019, 12 April 2019, 21 May 2019

Before:

Fagan J Registrar Bradford and Registrar Brown

File Number(s):

2018/83808; 2013/249441

Judgment

THE COURT: Ms Maureen Young, the applicant, seeks leave to appeal against decisions of Fagan J of the Common Law Division of 13 August and 30 September 2019 and against orders and directions of Registrars Bradford and Brown of 12 April and 21 May 2019 respectively. Pursuant to his judgment of 13 August 2019, Fagan J gave summary judgment for the Roads and Maritime Services (“the RMS”), the present first respondent, against Ms Young for possession of land, unpaid rent and an unlawful occupation fee ([2019] NSWSC 1014). The judgment related to an area of the seabed of Sydney Harbour over which a houseboat is moored which Ms Young occupies. From 14 December 2009 Ms Young occupied the property under a 20 year lease executed on 17 May 2012 and registered on 26 June 2012. The lease was entered into under a Deed of Release under which Ms Young received $700,000 to forgo her claims to pre-existing interests in the property. As Ms Young has not paid rent under the lease since 1 July 2012, the RMS gave her notice of termination for non-payment on 9 January 2018.
By his judgment of 30 September 2019 Fagan J ordered Ms Young to pay the RMS’s costs of the proceedings as assessed or agreed and gave judgment for the RMS for mesne profits in the sum of $6,075.44 plus $9.66 for each day after 30 September 2019 until possession of the leased area is recovered by the RMS.
The Registrars’ orders against which Ms Young seeks leave to appeal were made in different proceedings (“the 2013 proceedings”, as distinct from the above referred to “2018 proceedings”). The effect of the Registrars’ orders was to preclude Ms Young from filing an amended cross-claim and a notice of motion…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Young v Roads and Maritime Services

Details

AGLC: Young v Roads and Maritime Services [2019] NSWCA 266
Case: [2019] NSWCA 266
Decision Date: 31 October 2019

CaseChat Overview and Summary

The applicant sought leave to appeal a decision of the primary court concerning the respondent's claim for unpaid rent for a seabed area occupied by the applicant's houseboat. The respondent, Roads and Maritime Services, had sought to recover these outstanding rental payments.

The central legal issue before the Court of Appeal was whether there was a sufficient question of principle to warrant granting leave to appeal. The applicant contended that such a question existed, while the respondent argued to the contrary.

Macfarlan JA and Emmett AJA considered the application and concluded that no question of principle had been raised that justified granting leave to appeal. Their Honours found that the dispute was essentially a factual one concerning the recovery of rent. Accordingly, the application for leave to appeal was dismissed.

The application for leave to appeal was dismissed with costs.

Orders

Orders of the court

Application for leave to appeal dismissed with costs.

Background

Background to the litigation

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Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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Medium Neutral Citation:	Young v Roads and Maritime Services [2019] NSWCA 266
Hearing dates:	24 October 2019
Date of orders:	31 October 2019
Decision date:	31 October 2019
Before:	Macfarlan JA; Emmett AJA
Decision:	Application for leave to appeal dismissed with costs.
Catchwords:	APPEALS – leave to appeal – respondent sought recovery of unpaid rent for area of seabed over which the applicant’s houseboat is moored – no question of principle raised – application for leave dismissed
Legislation Cited:	Commonwealth and State Housing Agreement Act 1945 (Cth) Judiciary Act 1903 (Cth), s 38(a) Omnibus Repeal Day (Autumn 2014) Act 2014 (Cth) Uniform Civil Procedure Rules 2005 (NSW), r 9.1
Category:	Procedural and other rulings
Parties:	Maureen Mary Young (Applicant) Roads and Maritime Services (First Respondent) State of New South Wales (Second Respondent)
Representation:	Counsel: Self-represented Applicant P M Lane (Respondents) Solicitors: Self-represented Applicant Crown Solicitor’s Office (First and Second Respondents)
File Number(s):	2019/290549
Decision under appeal	Court or tribunal: Supreme Court Jurisdiction: Common Law Citation: [2019] NSWSC1014 Date of Decision: 13 August 2019, 30 September 2019, 12 April 2019, 21 May 2019 Before: Fagan J Registrar Bradford and Registrar Brown File Number(s): 2018/83808; 2013/249441