Young v Roads & Maritime Services [2015] NSWSC 918

Supreme Court New South Wales

Medium Neutral Citation: Young v Roads & Maritime Services [2015] NSWSC 918 Hearing dates: 19 February 2015 Date of orders: 10 July 2015 Decision date: 10 July 2015 Jurisdiction: Common Law Before: Hidden J Decision: Leave granted to plaintiff to re-plead cross-claim Catchwords: CIVIL PROCEDURE – application by plaintiff to transfer Local Court proceedings to Supreme Court – issues raised by cross-claim – whether cross-claim properly pleaded Legislation Cited: Crown Proceedings Act 1988 Lands Acquisition (Just Terms Compensation) Act 1991 Cases Cited: ALH Group Property Holdings Pty Ltd v Chief Commissioner of State Revenue (NSW) [2012] HCA 6, 245 CLR 338 Breen v Williams (1996) 186 CLR 71 Fu v Bucasia Pty Ltd [2014] NSWSC 325 Szanto v Bainton [2011] NSWSC 985 Category: Principal judgment Parties: Ms Maureen Mary Young (plaintiff) Roads and Maritime Services (1st defendant) State of New South Wales (2nd defendant) Representation: Counsel: In person (plaintiff) Ms P Lane (1st & 2nd defendants)

Solicitors: John McDonnell, Acting Crown Solicitor (1st & 2nd defendants) File Number(s): 2014/198018

Judgment 1. HIS HONOUR: The plaintiff, Maureen Mary Young, occupies a houseboat at Pearl Bay, Mosman. It has been birthed at Pearl Bay since she bought it in 1983. The first defendant, Roads and Maritime Services (RMS), has had several previous incarnations: relevantly, the Maritime Services Board, the Marine Ministerial Holding Corporation, New South Wales Maritime and the Maritime Authority of NSW. Ms Young currently occupies the houseboat pursuant to a lease from RMS over the area of the bed of Sydney Harbour underneath it. 2. In August 2013, the RMS commenced proceedings against her in the Local Court for recovery of rent and certain administrative charges under the lease. The total amount claimed, together with costs and disbursements, was a little over $6,000. In due course Ms Young filed a defence and a cross-claim. She also made an application that the proceedings be transferred to this Court. It is that application which is before me. The matter has had a somewhat lengthy history, which I need not recount. The proceedings in the Local Court are stayed pending the determination of the application.