Young v Roads and Maritime Services (No 2) [2015] NSWSC 1944

Young v Roads and Maritime Services (No 2) [2015] NSWSC 1944

The amended cross-claim, although verbose and defective in some respects, made Ms Young's primary allegation tolerably clear: that the 2009 settlement and resulting registered lease were procured by fraudulent withholding of discoverable documents by identified persons during identified periods, and that she would not have settled had those documents been disclosed. Because that primary fraud claim was sufficiently pleaded and no court other than the Supreme Court could reopen the Supreme Court consent orders, there was sufficient reason to transfer the Local Court proceedings to the Supreme Court.

Jurisdiction
Australia
Judgment Date
17 December 2015
Procedural Posture
Application for Transfer of Local Court Proceedings to the Supreme Court of New South Wales Under S 140 of the Civil Procedure Act 2005 (nsw) / Notice of Motion Determined
Outcome
Application for transfer granted.
Legal Topics
['transfer of Proceedings From Local Court to Supreme Court' 'sufficient Reason for Hearing Proceedings in a Higher Court' 'pleading Fraud' 'consent Orders' 'unrepresented Litigant Costs']
['civil Procedure' 'pleadings' 'costs'] ['transfer of Proceedings From Local Court to Supreme Court' 'sufficient Reason for Hearing Proceedings in a Higher Court' 'pleading Fraud' 'consent Orders' 'unrepresented Litigant Costs']

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Procedural Posture

Application for Transfer of Local Court Proceedings to the Supreme Court of New South Wales Under S 140 of the Civil Procedure Act 2005 (nsw) / Notice of Motion Determined

Legal Issues

  1. 1 ['Whether there was sufficient reason under s 140(4) of the Civil Procedure Act 2005 (NSW) for the Local Court proceedings to be heard in the Supreme Court of New South Wales.' "Whether Ms Young's amended cross-claim sufficiently pleaded a primary claim of fraud to found a transfer." 'Whether defects or obscurities in other parts of the amended cross-claim should prevent transfer.' 'What costs order should be made where the successful plaintiff was unrepresented.']

Ratio Decidendi

The amended cross-claim, although verbose and defective in some respects, made Ms Young's primary allegation tolerably clear: that the 2009 settlement and resulting registered lease were procured by fraudulent withholding of discoverable documents by identified persons during identified periods, and that she would not have settled had those documents been disclosed. Because that primary fraud claim was sufficiently pleaded and no court other than the Supreme Court could reopen the Supreme Court consent orders, there was sufficient reason to transfer the Local Court proceedings to the Supreme Court.

Court Disposition

Application for transfer granted.

Orders

  • ['The Local Court Proceedings 2013/249441 are transferred to the Supreme Court of New South Wales.' 'The defendants must pay the costs of the plaintiff of the notice of motion, such costs to be limited to the amount of out-of-pocket expenses, of a type that would have been recoverable as disbursements if the...