Young v Roads and Maritime Services (No 3)

Case

[2018] NSWCA 106

21 May 2018


Details
AGLC Case Decision Date
Young v Roads and Maritime Services (No 3) [2018] NSWCA 106 [2018] NSWCA 106 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.
Details

Areas of Law

  • Civil Procedure

  • Administrative Law

Legal Concepts

  • Appeal

  • Procedural Fairness

  • Costs

  • Judicial Review

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Cases Citing This Decision

6

Re Young [2020] HCA 13
Cases Cited

17

Statutory Material Cited

3