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

Supreme Court New South Wales

Medium Neutral Citation: Young v Roads and Maritime Services (No 2) [2015] NSWSC 1944 Hearing dates: 20 November 2015 Decision date: 17 December 2015 Jurisdiction: Common Law Before: Button J Decision: (1) The Local Court Proceedings 2013/249441 are transferred to the Supreme Court of New South Wales. (2) 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 plaintiff had been legally represented and which she has actually and reasonably incurred. (3) The matter is listed before the Common Law Registrar for Directions at 9 AM on 1 February 2016. Catchwords: CIVIL LAW – application for proceedings commenced in the Local Court of NSW to be transferred to the Supreme Court of NSW – whether there is sufficient reason for hearing proceedings in a higher court – whether pleading incomprehensible – whether fraud sufficiently pleaded Legislation Cited: Civil Procedure Act 2005 (NSW), ss 140, 140(4) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Cassegrain v Gerard Cassegrain & Co Pty Ltd [2015] HCA 2 Preston v Commissioner for Fair Trading [2011] NSWCA 40 Taheri v Vitek [2014] NSWCA 209 Young v Roads & Maritime Services [2015] NSWSC 918 Category: Principal judgment Parties: Maureen Mary Young (Plaintiff) Roads and Maritime Services (First Defendant) State of New South Wales (Second Defendant) Representation: Counsel: P Lane (Defendants)