Young v Roads and Maritime Services

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.