Supreme Court
New South Wales
Medium Neutral Citation: Young v Roads and Maritime Services (No 2) [2015] NSWSC 1944 Hearing dates: 20 November 2015 Decision date: 17 December 2015 Jurisdiction: Common Law Before: Button J Decision: (1) The Local Court Proceedings 2013/249441 are transferred to the Supreme Court of New South Wales.
(2) The defendants must pay the costs of the plaintiff of the notice of motion, such costs to be limited to the amount of out-of-pocket expenses, of a type that would have been recoverable as disbursements if the plaintiff had been legally represented and which she has actually and reasonably incurred.
(3) The matter is listed before the Common Law Registrar for Directions at 9 AM on 1 February 2016.Catchwords: CIVIL LAW – application for proceedings commenced in the Local Court of NSW to be transferred to the Supreme Court of NSW – whether there is sufficient reason for hearing proceedings in a higher court – whether pleading incomprehensible – whether fraud sufficiently pleaded Legislation Cited: Civil Procedure Act 2005 (NSW), ss 140, 140(4)
Uniform Civil Procedure Rules 2005 (NSW)Cases Cited: Cassegrain v Gerard Cassegrain & Co Pty Ltd [2015] HCA 2
Preston v Commissioner for Fair Trading [2011] NSWCA 40
Taheri v Vitek [2014] NSWCA 209
Young v Roads & Maritime Services [2015] NSWSC 918Category: Principal judgment Parties: Maureen Mary Young (Plaintiff)
Roads and Maritime Services (First Defendant)
State of New South Wales (Second Defendant)Representation: Counsel:
Solicitors:
P Lane (Defendants)
In person (Plaintiff)
Crown Solicitor’s Office (Defendants)
File Number(s): 2014/198018
Judgment
Introduction
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This is an application for transfer of proceedings that are currently pending in the Local Court of New South Wales to this Court. It is brought by the plaintiff, Ms Maureen Young, pursuant to s 140 of the Civil Procedure Act 2005 (NSW). In accordance with the governing section, the question requiring determination by me is whether “there is sufficient reason for hearing the proceedings in the higher court”: s 140(4).
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Ms Young was unrepresented, and during the hearing she informed me that she had made enquiries about obtaining pro bono legal assistance, but had been unsuccessful. The application was opposed on a number of bases by the two defendants, who were jointly represented by one counsel.
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There was also a notice of motion of the plaintiff listed for hearing before me on the same day seeking various other orders. Each party agreed with my initial thought that the hearing of that motion must abide my threshold determination as to whether or not the proceedings should come before this Court, or remain in the Local Court.
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Because of the differing roles played by the parties at different stages of this litigation, I shall refer to the plaintiff as Ms Young. Although there are two defendants, I shall refer to them collectively as RMS, unless greater differentiation is required.
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After the hearing concluded, RMS communicated with my Chambers seeking to withdraw a portion of the written submissions that had been…
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- Case
- [2015] NSWSC 1944
- Decision Date
CaseChat Overview and Summary
The central issue before the court was whether there was sufficient reason to transfer the proceedings to the Supreme Court. The court needed to determine if the applicant had demonstrated a compelling reason for the transfer, and whether the pleadings contained sufficient particulars to allow for a fair hearing. The court also needed to consider whether the applicant had sufficiently alleged fraud in his pleadings.
The court held that there was sufficient reason to transfer the proceedings to the Supreme Court, as the matter involved complex issues of law and fact that were beyond the scope of the Local Court. The court found that the applicant had adequately pleaded fraud, despite the opposition's claims to the contrary. The court also held that the pleadings, while not perfect, were sufficiently clear to allow for a fair hearing of the matter. The application was therefore granted, and the proceedings were transferred to the Supreme Court. The court made no orders as to costs.
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Background
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Evidence
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Ratio Decidendi
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