Young v Roads and Maritime Services (No 3) - [2018] NSWCA 106

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation: Young v Roads and Maritime Services (No 3) [2018] NSWCA 106
Hearing dates: 3 May 2018
Decision date: 21 May 2018
Before: McColl JA at [1];
Barrett AJA at [88]
Decision:
Application for leave to appeal dismissed with costs

Catchwords:
APPEAL – application for leave to appeal – interlocutory applications – re-agitating interlocutory application – no change of circumstances or new evidence
CIVIL PROCEDURE – application for leave to appeal – whether denial of procedural fairness or bias
Legislation Cited: Civil Procedure Act 2005 (NSW)
Supreme Court Act 1970 (NSW)
Uniform Civil Procedure Rules 2005 (NSW)
Cases Cited: Adam P Brown Male Fashions Pty Ltd v Philip Morris Incorporated & Anor (1981) 148 CLR 170; [1981] HCA 39
Bajramovic v Calubaquib [2015] NSWCA 139; (2015) 71 MVR 15
Dank v Cronulla Sutherland District Rugby League Football Club Ltd [2014] NSWCA 288
Dunwoodie v Teachers Mutual Bank Ltd [2014] NSWCA 24
Hall v The Nominal Defendant (1966) 117 CLR 423; [1966] HCA 36
House v The King (1936) 55 CLR 499; [1936] HCA 40
Liu v The Age Company Limited (2016) 92 NSWLR 679; [2016] NSWCA 115
Nominal Defendant v Manning (2000) 50 NSWLR 139; [2000] NSWCA 80
Re Luck [2003] HCA 70; 78 ALJR 177
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 [2016] NSWCA 238
Young v Roads and Maritime Services (No 3) [2016] NSWSC 491
Young v Roads and Maritime Services [2018] NSWCA 32
Young v Roads and Maritime Services (No 2) [2018] NSWCA 91
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:
In Person (Applicant)
Crown Solicitors Office (First and Second Respondents)

File Number(s): 2017/384578
Publication restriction: No
Decision under appeal

Court or tribunal:

Supreme Court of New South Wales

Jurisdiction:

Equity

Citation:

N/A

Date of Decision:

15 December 2017

Before:

Latham J

File Number(s):

2013/249441

Decisions under appeal

Judgment

McCOLL JA: By summons filed on 23 January 2018, the applicant, Maureen Mary Young, seeks leave to appeal pursuant to s 101 of the Supreme Court Act 1970 (NSW) against Latham J’s decision of 15 December 2017 dismissing her notice of motion of 6 December 2017 (2017 motion). [1]
1. (Supreme Court (NSW), 15 December 2017, unrep).
The effect of the dismissal of the 2017 motion was, first, to dismiss Ms Young’s attempt to obtain default judgment and unliquidated damages against the first and second respondents, the Roads and Maritime Service (RMS) and the State of New South Wales (the State) respectively, pursuant to a notice of motion filed on 5 September 2014 (2014 motion). The 2014 motion had been dismissed by Button J on 22 April 2016,[2] a decision upheld by this Court. [3]
2.…

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.

Keep reading for free

Create a free CaseChat account to read Young v Roads and Maritime Services (No 3) and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2018] NSWCA 106
Decision Date: 21 May 2018

CaseChat Overview and Summary

This matter concerned an application for leave to appeal to the Court of Appeal of New South Wales. The applicant, Mr. Young, sought leave to appeal against interlocutory decisions made by the primary court in proceedings against Roads and Maritime Services.

The primary legal issues before the Court of Appeal were whether Mr. Young should be granted leave to appeal, and whether the interlocutory decisions he sought to appeal involved a denial of procedural fairness or demonstrated bias on the part of the primary judge. The Court also considered whether Mr. Young was attempting to re-agitate an interlocutory application without demonstrating any change in circumstances or presenting new evidence.

McColl JA and Barrett AJA dismissed the application for leave to appeal. Their Honours found that Mr. Young had not established any grounds for leave to appeal, particularly in relation to the alleged denial of procedural fairness or bias. The Court noted that the application appeared to be an attempt to re-litigate issues that had already been determined, without any justification for doing so.

The application for leave to appeal was dismissed with costs.

Orders

Orders of the court

Application for leave to appeal dismissed with costs

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 (No 3) [2018] NSWCA 106
Hearing dates:	3 May 2018
Decision date:	21 May 2018
Before:	McColl JA at [1]; Barrett AJA at [88]
Decision:	Application for leave to appeal dismissed with costs
Catchwords:	APPEAL – application for leave to appeal – interlocutory applications – re-agitating interlocutory application – no change of circumstances or new evidence CIVIL PROCEDURE – application for leave to appeal – whether denial of procedural fairness or bias
Legislation Cited:	Civil Procedure Act 2005 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW)
Cases Cited:	Adam P Brown Male Fashions Pty Ltd v Philip Morris Incorporated & Anor (1981) 148 CLR 170; [1981] HCA 39 Bajramovic v Calubaquib [2015] NSWCA 139; (2015) 71 MVR 15 Dank v Cronulla Sutherland District Rugby League Football Club Ltd [2014] NSWCA 288 Dunwoodie v Teachers Mutual Bank Ltd [2014] NSWCA 24 Hall v The Nominal Defendant (1966) 117 CLR 423; [1966] HCA 36 House v The King (1936) 55 CLR 499; [1936] HCA 40 Liu v The Age Company Limited (2016) 92 NSWLR 679; [2016] NSWCA 115 Nominal Defendant v Manning (2000) 50 NSWLR 139; [2000] NSWCA 80 Re Luck [2003] HCA 70; 78 ALJR 177 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 [2016] NSWCA 238 Young v Roads and Maritime Services (No 3) [2016] NSWSC 491 Young v Roads and Maritime Services [2018] NSWCA 32 Young v Roads and Maritime Services (No 2) [2018] NSWCA 91
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: In Person (Applicant) Crown Solicitors Office (First and Second Respondents)
File Number(s):	2017/384578
Publication restriction:	No
Decision under appeal	Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity Citation: N/A Date of Decision: 15 December 2017 Before: Latham J File Number(s): 2013/249441