Young v Roads and Maritime Services (No 2)

Court of Appeal

Supreme Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Young v Roads and Maritime Services (No 2) [2018] NSWCA 91
Hearing dates:	23 April 2018
Decision date:	23 April 2018
Before:	Beazley P
Decision:	(1)   The amended urgent notice of motion is dismissed.  (2)   The applicant is to pay the respondent’s costs of the amended urgent notice of motion.
Catchwords:	CIVIL PROCEDURE – whether order should be made for court-annexed mediation – whether respondent’s solicitor should be directed not to attend mediation – whether new independent legal representatives for respondent should be appointed – what procedural steps applicant should take to review earlier Court of Appeal decision
Legislation Cited:	Uniform Civil Procedure Rules 2005 (NSW), r 36.17
Cases Cited:	Kallinicos v Hunt (2005) 64 NSWLR 561; [2005] NSWSC 1181
Category:	Principal judgment
Parties:	Maureen Mary Young (Applicant) Roads and Maritime Services (Respondent)
Representation:	Counsel: In person (Applicant) P M Lane (Respondent)   Solicitors: In person (Applicant) Office of the Crown Solicitor (Respondent)
File Number(s):	2017/384578

Judgment

1. HER HONOUR: The applicant, Ms Maureen Mary Young, has filed in court an amended urgent notice of motion, which states that: its aim is to address three matters before the Supreme Court; it is in substitution for motions filed on 1 and 15 March 2018; and it is to consolidate the orders sought in those motions. The proceedings to which reference is made are as follows:

1. Proceedings commenced in 2013 and determined by Button J. This proceeding related, inter alia, to the amendment of a cross-claim brought by Ms Young in response to proceedings that had initially been commenced in the Local Court by the respondent for the recovery of rent for the houseboat that Ms Young occupies pursuant to an agreement with the respondent. It will be convenient to refer to that proceeding as the cross-claim proceedings;

2. A summons seeking leave to appeal from a decision of Latham J given on 15 December 2017; and

3. Possession proceedings which have been brought by the respondent in the Supreme Court, seeking possession of the houseboat.

2. In her notice of motion, Ms Young seeks 10 specific orders as follows:

“Order 1.   The parties are ordered to attend a Court-annexed mediation that shall be held on Thursday, 3 May 2018; the Attendees are to be limited to the Applicant, the Respondents representative and the appointed Mediator. Secretarial services should be in attendance for agreement documents to be drawn up at the mediation.

Order 2.   The Court of Appeal Registrar in cooperation with the Possessions List Registrar, shall assign the mediation to a Mediator with commercial law and specifically property/acquisition law, expertise.

Order 3.   With the concurrence of the Possession and Common Law Registrars, Stay’s will apply to Proceedings; 2013/249441; 2018/83808; and 2017/384578 until the mediations are finalised and stays lifted by the Court.

Order 4.   The party’s Attendees at mediation are to liaise and then prepare their submission for the Mediator, to be received by the Mediator by Monday 30 April 2018.