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 biasLegislation 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 91Category: 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.…
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- Case
- [2018] NSWCA 106
- Decision Date
CaseChat Overview and Summary
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
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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