Young v Roads and Maritime Services [2018] NSWCA 32

Young v Roads and Maritime Services [2018] NSWCA 32

Ms Young failed to identify any error in the primary judgment or show an arguable defence to the claim; she provided no basis for a stay of execution or for the injunction sought, and thus the application was dismissed.

Jurisdiction
Australia
Judgment Date
01 March 2018
Procedural Posture
Application / Application for Stay and Injunction Pending Appeal
Outcome
Notice of Motion dismissed; costs to respondent.
Legal Topics
['stay of Execution' 'injunction' 'default Judgment' 'leases']
['civil Procedure'] ['stay of Execution' 'injunction' 'default Judgment' 'leases']

Case Brief

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Procedural Posture

Application / Application for Stay and Injunction Pending Appeal

Legal Issues

  1. 1 ['Whether a stay of execution of default judgment pending appeal should be granted' 'Whether an injunction restraining the respondent from acting on a Notice of Termination should be granted']

Ratio Decidendi

Ms Young failed to identify any error in the primary judgment or show an arguable defence to the claim; she provided no basis for a stay of execution or for the injunction sought, and thus the application was dismissed.

Court Disposition

Notice of Motion dismissed; costs to respondent.

Orders

  • ['Notice of Motion filed on 23 January 2018 is dismissed' "The applicant (Maureen Mary Young) to pay the respondent's costs of the application"]