Young v Roads and Maritime Services [2016] NSWCA 238

Young v Roads and Maritime Services [2016] NSWCA 238

Leave to appeal was warranted only in relation to Orders (5) and (6) of Button J's orders of 22 April 2016 because it was at least arguable that there was no statutory authority for orders requiring Ms Young to obtain leave from a judge before filing any further pleading and to support such an application by affidavit evidence and draft pleadings. The other proposed grounds disclosed no arguable error: there was no basis for default judgment while the Local Court proceedings were stayed and before transfer to the Supreme Court, the complaints about transfer and pleading decisions misunderstood the procedural posture, no entitlement to interim damages under s 82 was shown, and no error was...

Jurisdiction
Australia
Judgment Date
01 September 2016
Procedural Posture
Application for Leave to Appeal Against Interlocutory Orders and Urgent Notice of Motion / Court of Appeal Application for Leave to Appeal
Outcome
Leave to appeal granted only against Orders (5) and (6) of Button J's orders of 22 April 2016; amended summons otherwise dismissed; urgent notice of motion dismissed.
Legal Topics
['leave to Appeal Against Interlocutory Orders' 'default Judgment' 'interim Damages' 'strike Out of Pleadings' 'vexatious Proceedings Analogy' 'expedition and Stay Applications']
['appeal' 'practice and Procedure' 'civil Procedure'] ['leave to Appeal Against Interlocutory Orders' 'default Judgment' 'interim Damages' 'strike Out of Pleadings' 'vexatious Proceedings Analogy' 'expedition and Stay Applications']

Case Brief

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Procedural Posture

Application for Leave to Appeal Against Interlocutory Orders and Urgent Notice of Motion / Court of Appeal Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether leave should be granted to appeal against interlocutory orders made by Hidden J on 29 October 2014 and 10 July 2015 and by Button J on 17 December 2015 and 22 April 2016.' "Whether RMS and the State of New South Wales were in default for failing to file defences to Ms Young's cross-claim such that default judgment should have been entered." 'Whether Ms Young was entitled to interim damages under s 82 of the Civil Procedure Act 2005 (NSW).' 'Whether Orders (5) and (6) made by Button J on 22 April 2016 requiring Ms Young to obtain leave before filing any further pleading were arguably beyond power.' "Whether Leeming JA's order dismissing Ms Young's motion for expedition and stay should be set aside for procedural irregularity."]

Ratio Decidendi

Leave to appeal was warranted only in relation to Orders (5) and (6) of Button J's orders of 22 April 2016 because it was at least arguable that there was no statutory authority for orders requiring Ms Young to obtain leave from a judge before filing any further pleading and to support such an application by affidavit evidence and draft pleadings. The other proposed grounds disclosed no arguable error: there was no basis for default judgment while the Local Court proceedings were stayed and before transfer to the Supreme Court, the complaints about transfer and pleading decisions misunderstood the procedural posture, no entitlement to interim damages under s 82 was shown, and no error was...

Court Disposition

Leave to appeal granted only against Orders (5) and (6) of Button J's orders of 22 April 2016; amended summons otherwise dismissed; urgent notice of motion dismissed.

Orders

  • ['Leave is granted to the applicant to appeal against Orders (5) and (6) of the orders of Button J of 22 April 2016.' 'The Amended Summons Seeking Leave to Appeal filed on 4 July 2016 is otherwise dismissed.' 'The "Urgent Notice of Motion" filed on 1 August 2016 is dismissed.']