Young v Roads and Maritime Services (No 2) [2019] NSWCA 291

Young v Roads and Maritime Services (No 2) [2019] NSWCA 291

Because the Court had already concluded that Ms Young's proposed grounds of appeal had no prospects of success, and she did not address that conclusion or provide a draft special leave application, there was no reason to think her proposed High Court special leave application had prospects of success; that factor was effectively determinative against granting a stay.

Jurisdiction
Australia
Judgment Date
25 November 2019
Procedural Posture
Application for Stay of Proceedings Pending Application for Special Leave to Appeal to the High Court / Notice of Motion
Outcome
Notice of motion dismissed with costs.
Legal Topics
['stay of Proceedings' 'stay Pending Special Leave Application' 'prospects of Success' 'balance of Convenience']
['appeals' 'civil Procedure'] ['stay of Proceedings' 'stay Pending Special Leave Application' 'prospects of Success' 'balance of Convenience']

Case Brief

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Procedural Posture

Application for Stay of Proceedings Pending Application for Special Leave to Appeal to the High Court / Notice of Motion

Legal Issues

  1. 1 ["Whether the Court should grant a stay of its judgment pending determination of the applicant's proposed application for special leave to appeal to the High Court." 'Whether the proposed special leave application had sufficient prospects of success to justify a stay.']

Ratio Decidendi

Because the Court had already concluded that Ms Young's proposed grounds of appeal had no prospects of success, and she did not address that conclusion or provide a draft special leave application, there was no reason to think her proposed High Court special leave application had prospects of success; that factor was effectively determinative against granting a stay.

Court Disposition

Notice of motion dismissed with costs.

Orders

  • ['The application by Ms Young for the orders set out in her notice of motion filed on 20 November 2019 is refused.' 'The notice of motion is dismissed with costs.']