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

Supreme Court New South Wales

Medium Neutral Citation: Young v Roads and Maritime Services (No 3) [2016] NSWSC 491 Hearing dates: 10 March 2016 Decision date: 22 April 2016 Jurisdiction: Common Law Before: Button J Decision: (1) The notices of motion of Ms Young of 5 September 2015, 13 October 2015, and 2 February 2016 are dismissed. (2) 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. (3) The amended defence of 10 July 2014 and amended cross-claim of Ms Young of 20 November 2015 are struck out. (4) Roads and Maritime Services of New South Wales and the State of New South Wales must not apply for default judgment before 8 weeks from today; that is, before 17 June 2016. (5) Ms Young must apply to a judge of this Court for leave to file any further pleading in either of the proceedings in this Court. (6) Any such application must be by way of a filed and served notice of motion, with affidavit evidence in support, and include drafts of all pleadings proposed to be filed. (7) Ms Young must pay the costs of Roads and Maritime Services of New South Wales and the State of New South Wales of the notice of motion of 22 February 2016. (8) The matter is listed before the Common Law Registrar at 9 AM two weeks from today; that is, on 6 May 2016. Catchwords: CIVIL – motion seeking default judgment – defence not filed after proceedings stayed – motion seeking interim damages – motion seeking costs of previous motion to do with court book – motion seeking gross sum costs order, payable forthwith – motion to strike out pleadings Legislation Cited: Civil Procedure Act 2005 (NSW), s 98(4)(c) Cases Cited: Young v Roads and Maritime Services [2015] NSWSC 918 Young v Roads and Maritime Services (No 2) [2015] NSWSC 1944 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)