Young v Roads and Maritime Services - [2016] NSWCA 238

Court of Appeal

Supreme Court

New South Wales

Amendment notes

Medium Neutral Citation: Young v Roads and Maritime Services [2016] NSWCA 238
Hearing dates: 16 August 2016
Decision date: 01 September 2016
Before: Beazley ACJ at [1]; Simpson JA at [2]
Decision:
(1) Leave is granted to the applicant to appeal against Orders (5) and (6) of the orders of Button J of 22 April 2016;
(2) The Amended Summons Seeking Leave to Appeal filed on 4 July 2016 is otherwise dismissed;
(3) The “Urgent Notice of Motion” filed on 1 August 2016 is dismissed.

Catchwords:
APPEAL – application for leave to appeal against interlocutory orders made in four judgments of Supreme Court – asserted error in orders made preventing applicant from filing any further pleading without leave from judge and affidavit evidence – leave to appeal granted against those orders only – asserted error in refusing to enter default judgment against respondents – asserted error in refusing to award interim damages –– no issue of principle raised by any other proposed grounds appeal – application for leave to appeal otherwise dismissed
PRACTICE AND PROCEDURE – Notice of Motion – application to set aside order made by single judge of Court of Appeal – application to re-instate earlier Notice of Motion seeking expedition of appeal – no error disclosed – Notice of Motion dismissed
Legislation Cited: Civil Procedure Act 2005 (NSW)
Supreme Court Act 1970 (NSW)
Uniform Civil Procedure Rules 2005 (NSW)
Vexatious Proceedings Act 2008 (NSW)
Category: Principal judgment
Parties: Maureen Mary Young (Applicant)
Roads and Maritime Services (First Respondent)
State of New South Wales (Second Respondent)
Representation:
Counsel:
In person (Applicant)
P Lane (First and Second Respondents)
Solicitors:
Not applicable (Applicant)
Office of the Crown Solicitor (First and Second Respondents)

File Number(s): 2014/339704
Decision under appeal

Court or tribunal:

Supreme Court

Jurisdiction:

Common Law Division

Citation:

Young v Roads & Maritime Services [2015] NSWSC 918; Young v Roads and Maritime Services (No 2) [2015] NSWSC 1944; Young v Roads and Maritime Services (No 3) [2016] NSWSC 491

Date of Decision:

29 October 2014; 10 July 2015; 17 December 2015; 22 April 2016

Before:

Hidden J; Button J

File Number(s):

2014/198018; 2013/249441

Judgment

BEAZLEY ACJ: I have had the advantage of reading in draft the reasons of Simpson JA. I agree with her Honour’s reasons and proposed orders.
SIMPSON JA: By Amended Summons filed on 4 July 2016 the applicant, Ms Maureen Young, seeks leave to appeal against various interlocutory orders of the Common Law Division of the Supreme Court. In the Amended Summons she identified the orders against which she seeks to appeal, and the judgments on which they were based, as those dated:

10 July 2015 (Hidden J);

20 November 2015;

27 December 2015; and

22 April 2016 (Button J).

(No orders or judgments of 20 November 2015 or 27 December 2015 have been provided.)

Also before this Court is an “Urgent Notice of Motion” filed by Ms Young on 1 August 2016,…

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.

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Details

Case: [2016] NSWCA 238
Decision Date: 01 September 2016

CaseChat Overview and Summary

The applicant, Mr Young, sought leave to appeal against interlocutory orders made by Button J in the Supreme Court of New South Wales. The primary dispute concerned orders that prevented Mr Young from filing further pleadings without judicial leave and refused his applications for default judgment and interim damages against the respondents, Roads and Maritime Services. The appeal was heard by Beazley ACJ and Simpson JA in the Court of Appeal.

The Court of Appeal was required to determine whether there was error in the orders made by Button J, specifically those restricting the filing of pleadings and refusing default judgment and interim damages. The court also considered a separate application to set aside an order made by a single judge of the Court of Appeal and to reinstate an earlier notice of motion seeking expedition of the appeal.

Leave to appeal was granted only in relation to the orders preventing the applicant from filing further pleadings without leave and the refusal to enter default judgment. The court found no issue of principle raised by the proposed grounds of appeal concerning these matters. The application to set aside the single judge's order and reinstate the notice of motion for expedition was dismissed, as no error was disclosed.

Consequently, leave to appeal was granted solely against specific orders of Button J dated 22 April 2016. The applicant's amended summons seeking leave to appeal was otherwise dismissed, as was his urgent notice of motion filed on 1 August 2016.

Orders

Orders of the court

(1) Leave is granted to the applicant to appeal against Orders (5) and (6) of the orders of Button J of 22 April 2016;

(2) The Amended Summons Seeking Leave to Appeal filed on 4 July 2016 is otherwise dismissed;

(3) The “Urgent Notice of Motion” filed on 1 August 2016 is dismissed.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	Young v Roads and Maritime Services [2016] NSWCA 238
Hearing dates:	16 August 2016
Decision date:	01 September 2016
Before:	Beazley ACJ at [1]; Simpson JA at [2]
Decision:	(1) Leave is granted to the applicant to appeal against Orders (5) and (6) of the orders of Button J of 22 April 2016; (2) The Amended Summons Seeking Leave to Appeal filed on 4 July 2016 is otherwise dismissed; (3) The “Urgent Notice of Motion” filed on 1 August 2016 is dismissed.
Catchwords:	APPEAL – application for leave to appeal against interlocutory orders made in four judgments of Supreme Court – asserted error in orders made preventing applicant from filing any further pleading without leave from judge and affidavit evidence – leave to appeal granted against those orders only – asserted error in refusing to enter default judgment against respondents – asserted error in refusing to award interim damages –– no issue of principle raised by any other proposed grounds appeal – application for leave to appeal otherwise dismissed PRACTICE AND PROCEDURE – Notice of Motion – application to set aside order made by single judge of Court of Appeal – application to re-instate earlier Notice of Motion seeking expedition of appeal – no error disclosed – Notice of Motion dismissed
Legislation Cited:	Civil Procedure Act 2005 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Vexatious Proceedings Act 2008 (NSW)
Category:	Principal judgment
Parties:	Maureen Mary Young (Applicant) Roads and Maritime Services (First Respondent) State of New South Wales (Second Respondent)
Representation:	Counsel: In person (Applicant) P Lane (First and Second Respondents) Solicitors: Not applicable (Applicant) Office of the Crown Solicitor (First and Second Respondents)
File Number(s):	2014/339704
Decision under appeal	Court or tribunal: Supreme Court Jurisdiction: Common Law Division Citation: Young v Roads & Maritime Services [2015] NSWSC 918; Young v Roads and Maritime Services (No 2) [2015] NSWSC 1944; Young v Roads and Maritime Services (No 3) [2016] NSWSC 491 Date of Decision: 29 October 2014; 10 July 2015; 17 December 2015; 22 April 2016 Before: Hidden J; Button J File Number(s): 2014/198018; 2013/249441