Young v Roads and Maritime Services

Court of Appeal

Supreme Court

New South Wales

• Summary available

Medium Neutral Citation:	Young v Roads and Maritime Services [2018] NSWCA 32
Hearing dates:	12 February 2018
Decision date:	01 March 2018
Before:	Simpson JA
Decision:	(1)  Notice of Motion filed on 23 January 2018 is dismissed;  (2)  The applicant (Maureen Mary Young) to pay the respondent’s costs of the application.
Catchwords:	PROCEDURE – judgments and orders – application for stay of judgment pending appeal – no proper basis for stay demonstrated   PROCEDURE – judgments and orders – application for injunction restraining respondent acting on Notice of Termination – no proper basis for injunction
Cases Cited:	Alexander v Cambridge Credit Corporation Ltd (Receivers Appointed) (1985) 2 NSWLR 685 Young v Roads and Maritime Services [2016] NSWCA 238 Young v Roads and Maritime Services [2017] HCASL 243 Roads and Maritime Services v Maureen Mary Young (NSW Supreme Court, 15 December 2017, unreported)
Category:	Principal judgment
Parties:	Maureen Mary Young (Applicant) Roads and Maritime Services (Respondent)
Representation:	Counsel: In person (Applicant) P M Lane (Respondent)   Solicitors: Not applicable (Applicant) Office of the Director of Public Prosecutions (Respondent)
File Number(s):	2017/384578
Decision under appeal	Court or tribunal: Supreme Court Jurisdiction: Common Law Date of Decision: 15 December 2017 Before: Latham J File Number(s): 2013/249441

Judgment

1. SIMPSON JA: The dispute the subject of the present application has a long and tortured history. It concerns the lease of a mooring near Mosman in Sydney, on which the applicant, Ms Young, has for many years moored her houseboat. The respondent, Roads and Maritime Services (“RMS”) is the owner and lessor of the mooring. The history of the litigation resulting from the dispute is largely (although not fully) recorded in a decision of this Court given on 1 September 2016: Young v Roads and Maritime Services [2016] NSWCA 238 (“the 2016 judgment”).

2. The present application was made by notice of motion filed by Ms Young on 23 January 2018, the claims in which are set out at [12] below.

3. Some appreciation of the history of the proceedings is necessary in order to understand the orders claimed in the notice of motion.

Background and history

4. There was an earlier round of litigation between these parties which was finalised by a Deed of Release entered on 18 September 2009. A second round of litigation commenced in 2013, with RMS taking proceedings against Ms Young in the Local Court claiming unpaid rent on the mooring. Ms Young filed a defence and a cross-claim, in which she alleged misconduct on the part of RMS and the State of New South Wales. On 17 December 2015 (after many more skirmishes, outlined in the 2016 judgment) Button J ordered that the Local Court proceedings be transferred to the Supreme Court.

5. However, on 22 April 2016 Button J struck out Ms Young’s then current defence and cross-claim. Ms Young unsuccessfully sought leave to appeal to this Court against (inter alia) that order. That application was dismissed by the 2016 judgment.

6. On…