Roads and Maritime Services v Young [2018] NSWSC 1911

Roads and Maritime Services v Young [2018] NSWSC 1911

Because no urgency was shown and the plaintiff had not been given notice or a reasonable opportunity to respond, procedural fairness required the unfiled Notice of Motion and any supporting Affidavit to be served and the matter to proceed in the ordinary course rather than by expedition. The pending appeal to the Court of Appeal did not itself stay the Registrar's orders, and there was no evidence supporting a fee waiver.

Jurisdiction
Australia
Judgment Date
11 December 2018
Procedural Posture
Practice and Procedure Motion Before Duty Judge; Appeal From Registrar in Civil Proceedings / Duty Judge Directions Following Unfiled Notice of Motion Dated 10 December 2018
Outcome
No expedition granted; service directed; matter listed before the Duty Judge for directions on 29 January 2019.
Legal Topics
['motion Before Duty Judge' 'appeal From Registrar' 'expedition' 'procedural Fairness' 'stay Pending Appeal' 'fee Waiver']
['practice and Procedure' 'civil Procedure'] ['motion Before Duty Judge' 'appeal From Registrar' 'expedition' 'procedural Fairness' 'stay Pending Appeal' 'fee Waiver']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Practice and Procedure Motion Before Duty Judge; Appeal From Registrar in Civil Proceedings / Duty Judge Directions Following Unfiled Notice of Motion Dated 10 December 2018

Legal Issues

  1. 1 ["Whether the defendant/applicant's unfiled Notice of Motion appealing Registrar Bradford's orders should be dealt with urgently or expedited." 'Whether procedural fairness required service of the Notice of Motion and any supporting Affidavit on the plaintiff/respondent before the application was heard.' "Whether the appeal to the Court of Appeal operated as a stay of Registrar Bradford's orders requiring a Defence to be filed by 20 December 2018." 'Whether there was material before the Court to support waiver of filing fees.']

Ratio Decidendi

Because no urgency was shown and the plaintiff had not been given notice or a reasonable opportunity to respond, procedural fairness required the unfiled Notice of Motion and any supporting Affidavit to be served and the matter to proceed in the ordinary course rather than by expedition. The pending appeal to the Court of Appeal did not itself stay the Registrar's orders, and there was no evidence supporting a fee waiver.

Court Disposition

No expedition granted; service directed; matter listed before the Duty Judge for directions on 29 January 2019.

Orders

  • ["Direct that the defendant's unfiled Notice of Motion dated 10 December 2018 and any Affidavit upon which the applicant/defendant, Maureen Mary Young seeks to rely be served on the plaintiff;" 'No expedition be granted;' 'The matter be listed before the Duty Judge for direction on 29 January 2019;' 'Orders to be...