Young v Roads and Maritime Services [2014] NSWSC 1104

Supreme Court New South Wales

Medium Neutral Citation: Young v Roads and Maritime Services [2014] NSWSC 1104 Hearing dates: 28/07/2014 Decision date: 28 July 2014 Jurisdiction: Common Law Before: Justice Garling Decision: (1) Grant leave to Ms Young to file in Court the Notice of Motion which is dated 28 July 2014, and which she has signed, and which I have initialled and dated today for proper identification. (2) Grant leave to Ms Young to file in Court an affidavit affirmed 28 July 2014. (3) Dismiss the Notice of Motion. Catchwords: PROCEDURE - civil - interlocutory issues - injunctions - restraining defendants from engaging in conduct which constitutes an abuse of the process of the Court - restraining eviction under defaulted lease - validity of lease disputed -whether conduct which would affect the litigation - whether arguable basis for that conduct to occur - no conduct placing occupation in jeopardy - balance of convenience Category: Procedural and other rulings Parties: Maureen Mary Young (P) Roads and Maritime Services (D) Representation: Counsel: In person (P) Ex parte (D) File Number(s): 2014/198018

EX TEMPORE Judgment 1Ms Maureen Young applies, ex parte, to this Court by Notice of Motion, which she seeks to file in Court today, for a series of injunctions to restrain the defendant, the Roads and Maritime Services NSW by itself, its servants and agents, from engaging in conduct which constitutes an abuse of the process of this Court, or of the Local Court. 2In her Notice of Motion, Ms Young has formulated seven specific orders that she says are justified by the material which she has annexed to her affidavit.