Young v Roads and Maritime Services

YOUNG
v
ROADS AND MARITIME SERVICES & ANOR
[2019] HCASL 17
S288/2018

By way of summons filed on 20 November 2018, the applicant sought a stay of proceedings and injunctive relief preventing enforcement of a default judgment against her. By way of summons filed on 8 January 2019, the applicant seeks leave to amend the special leave application filed on 13 November 2018.
Neither the application for special leave in its unamended form nor the application to amend raises any doubt as to the correctness of the decision of the Court of Appeal of the Supreme Court of New South Wales. Hence, the summonses filed on 20 November 2018 and 8 January 2019 should be dismissed. It would also be futile to grant the extension of time that is sought within which to file the application for special leave. Special leave should be refused.
Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application.

V.M Bell S.J Gageler

13 February 2019

CaseChat Overview and Summary

In the matter of Young versus Roads and Maritime Services, the applicant, Young, sought a stay of proceedings and injunctive relief against enforcement of a default judgment. The proceedings were filed with the High Court of Australia on 20 November 2018, and an application to amend the special leave application was filed on 8 January 2019. The Court of Appeal of the Supreme Court of New South Wales had already made a decision that the applicant sought to challenge. The primary issue before the High Court was whether the application for special leave to appeal should be dismissed or allowed, and whether an extension of time to file the application should be granted.

The High Court considered that neither the original application for special leave nor the application to amend it raised any doubt as to the correctness of the Court of Appeal's decision. The Court concluded that it would be futile to grant the extension of time sought for filing the application for special leave. Consequently, the Court determined that the summonses filed on 20 November 2018 and 8 January 2019 should be dismissed, and special leave should be refused. The Court's reasoning was based on the absence of any grounds to question the correctness of the earlier decision and the futility of extending the time to file the application for special leave.

In light of the above, the High Court directed the Registrar to draw up, sign, and seal an order dismissing the application. This decision was made pursuant to Rule 41.08.1 of the High Court Rules 2004 (Cth). The final orders were made on 13 February 2019 by Justices Bell and Gageler.

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