Supreme Court
New South Wales
Medium Neutral Citation: Young v Roads and Maritime Services (No 3) [2016] NSWSC 491 Hearing dates: 10 March 2016 Decision date: 22 April 2016 Jurisdiction: Common Law Before: Button J Decision: (1) The notices of motion of Ms Young of 5 September 2015, 13 October 2015, and 2 February 2016 are dismissed.
(2) Ms Young must pay the costs of Roads and Maritime Services of New South Wales and the State of New South Wales of those three motions.
(3) The amended defence of 10 July 2014 and amended cross-claim of Ms Young of 20 November 2015 are struck out.
(4) Roads and Maritime Services of New South Wales and the State of New South Wales must not apply for default judgment before 8 weeks from today; that is, before 17 June 2016.
(5) Ms Young must apply to a judge of this Court for leave to file any further pleading in either of the proceedings in this Court.
(6) Any such application must be by way of a filed and served notice of motion, with affidavit evidence in support, and include drafts of all pleadings proposed to be filed.
(7) Ms Young must pay the costs of Roads and Maritime Services of New South Wales and the State of New South Wales of the notice of motion of 22 February 2016.
(8) The matter is listed before the Common Law Registrar at 9 AM two weeks from today; that is, on 6 May 2016.Catchwords: CIVIL – motion seeking default judgment – defence not filed after proceedings stayed – motion seeking interim damages – motion seeking costs of previous motion to do with court book – motion seeking gross sum costs order, payable forthwith – motion to strike out pleadings Legislation Cited: Civil Procedure Act 2005 (NSW), s 98(4)(c) Cases Cited: Young v Roads and Maritime Services [2015] NSWSC 918
Young v Roads and Maritime Services (No 2) [2015] NSWSC 1944Category: 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; 2013/249441
Judgment
Introductory matters
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On 10 March 2016, I heard three motions of Ms Maureen Young pertaining to her litigation with the Roads and Maritime Services of New South Wales (RMS) and the State of New South Wales. On the same day, I heard a motion brought by the defendants seeking orders against the plaintiff. I reserved my judgment with regard to all four motions.
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Ms Young was unrepresented before me, though there is some evidence that she has received and paid for legal advice in the past.
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Although Ms Young has played different roles in different parts of the litigation, it is convenient to refer to her as the plaintiff in this judgment. It is also convenient to refer compendiously to the defendants as “RMS”, unless the context requires greater discrimination between the two of…
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- Case
- [2016] NSWSC 491
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether the plaintiff was entitled to a default judgment, interim damages, and costs associated with the previous motion. Additionally, the court had to determine if the plaintiff's application for gross sum costs, payable forthwith, was justified, and whether the defendant's pleadings should be struck out due to their non-compliance with procedural requirements.
The court found that the plaintiff was entitled to a default judgment as the defendant had not filed a defence despite the proceedings being reactivated. Regarding the interim damages and costs for the previous motion, the court held that the plaintiff was entitled to these as the defendant's procedural failures warranted such relief. The application for gross sum costs, payable forthwith, was also granted due to the defendant's persistent non-compliance. Lastly, the court decided to strike out the defendant's pleadings as they were deemed to be an abuse of the court process.
The court ordered that the defendant pay the plaintiff's costs of the motion for default judgment, interim damages, and the gross sum costs, payable forthwith. Furthermore, the defendant's pleadings were struck out, and the defendant was directed to pay the plaintiff's costs of the motion to strike out.
Orders
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Background
Background to the litigation
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Evidence
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Decision
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Ratio Decidendi
Legal Principle Established
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