Young v Roads and Maritime Services [2015] NSWCA 2

Young v Roads and Maritime Services [2015] NSWCA 2

The application for expedition was dismissed because granting it would have had little or no utility, as any effect would only be to marginally accelerate a procedural hearing already set down, with no sufficient benefit to outweigh the disruption and expense.

Jurisdiction
Australia
Judgment Date
02 February 2015
Procedural Posture
Motion for Expedition of Leave Application / Interlocutory Ex Tempore Judgment on Notice of Motion
Outcome
Notice of motion for expedition dismissed; costs reserved.
Legal Topics
['expedition' 'leave to Appeal' 'case Management']
['civil Procedure'] ['expedition' 'leave to Appeal' 'case Management']

Case Brief

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Procedural Posture

Motion for Expedition of Leave Application / Interlocutory Ex Tempore Judgment on Notice of Motion

Legal Issues

  1. 1 ['Whether there is utility in granting expedition for the application for leave to appeal.' 'Whether a denial of procedural fairness occurred before Hidden J.' 'Whether underdetermined applications for default judgment and monetary aspects should affect the grant of expedition.']

Ratio Decidendi

The application for expedition was dismissed because granting it would have had little or no utility, as any effect would only be to marginally accelerate a procedural hearing already set down, with no sufficient benefit to outweigh the disruption and expense.

Court Disposition

Notice of motion for expedition dismissed; costs reserved.

Orders

  • ['Dismiss the notice of motion filed 29 January 2015.' 'Reserve the costs of that notice of motion.']