Young v Roads and Maritime Services (No 3) [2018] NSWCA 106

Young v Roads and Maritime Services (No 3) [2018] NSWCA 106

Leave to appeal was refused as applicant failed to demonstrate any arguable error, denial of procedural fairness, or bias in the primary judge's decision; no change of circumstances or new evidence justified re-agitating the interlocutory application; applicant did not establish a meritorious defence to default judgment; interests of justice favoured refusing leave.

Jurisdiction
Australia
Judgment Date
21 May 2018
Procedural Posture
Application for Leave to Appeal / Leave to Appeal From Interlocutory Orders
Outcome
Application for leave to appeal dismissed with costs
Legal Topics
['interlocutory Applications' 'procedural Fairness' 'default Judgment' 're Agitation of Interlocutory Application' 'bias']
['civil Procedure'] ['interlocutory Applications' 'procedural Fairness' 'default Judgment' 're Agitation of Interlocutory Application' 'bias']

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Procedural Posture

Application for Leave to Appeal / Leave to Appeal From Interlocutory Orders

Legal Issues

  1. 1 ['Whether leave should be granted to appeal from dismissal of an interlocutory application' 'Whether denial of procedural fairness or bias occurred' 'Whether applicant had a meritorious defence to default judgment for unpaid rent']

Ratio Decidendi

Leave to appeal was refused as applicant failed to demonstrate any arguable error, denial of procedural fairness, or bias in the primary judge's decision; no change of circumstances or new evidence justified re-agitating the interlocutory application; applicant did not establish a meritorious defence to default judgment; interests of justice favoured refusing leave.

Court Disposition

Application for leave to appeal dismissed with costs

Orders

  • ['Application for leave to appeal dismissed' "Applicant to pay respondents' costs"]