Young v Roads and Maritime Services (No 3) [2016] NSWSC 491

Young v Roads and Maritime Services (No 3) [2016] NSWSC 491

The plaintiff's notices of motion are dismissed because: no default judgment is warranted due to the stay relieving both parties of procedural steps; interim damages cannot be ordered as liability is disputed; costs for correcting procedural orders are not appropriate as the plaintiff was under a misapprehension; gross sum costs order is not justified without substantiated disbursements; and the defence and cross-claim are struck out for lack of intelligibility, pleading defects, and incomprehensibility. Leave is required for any further pleading.

Parties
Plaintiff: Maureen Mary Young; First Defendant: Roads and Maritime Services; Second Defendant: State of New South Wales
Jurisdiction
Australia
Judgment Date
22 April 2016
Procedural Posture
Civil / Interlocutory Judgment on Four Motions
Outcome
All four motions dismissed; defence and cross-claim struck out; costs orders made against plaintiff; leave required for further pleadings
Legal Topics
Default Judgment, Striking Out Pleadings, Costs, Cross Claims
Civil Procedure Default Judgment Striking Out Pleadings Costs Cross Claims

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Parties

Maureen Mary Young

Plaintiff

Roads and Maritime Services

First Defendant

State of New South Wales

Second Defendant

Procedural Posture

Civil / Interlocutory Judgment on Four Motions

Legal Issues

  1. 1 Whether the stay in Local Court relieved the defendants from filing a defence to the cross-claim
  2. 2 Whether plaintiff is entitled to default judgment and interim damages
  3. 3 Whether plaintiff should have costs for correcting a court order regarding the court book

Ratio Decidendi

The plaintiff's notices of motion are dismissed because: no default judgment is warranted due to the stay relieving both parties of procedural steps; interim damages cannot be ordered as liability is disputed; costs for correcting procedural orders are not appropriate as the plaintiff was under a misapprehension; gross sum costs order is not justified without substantiated disbursements; and the defence and cross-claim are struck out for lack of intelligibility, pleading defects, and incomprehensibility. Leave is required for any further pleading.

Court Disposition

All four motions dismissed; defence and cross-claim struck out; costs orders made against plaintiff; leave required for further pleadings

Orders

  • The notices of motion of Ms Young of 5 September 2015, 13 October 2015, and 2 February 2016 are dismissed.
  • Ms Young must pay the costs of Roads and Maritime Services of New South Wales and the State of New South Wales of those three motions.