NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Young v Roads and Maritime Services [2016] NSWCA 238 Hearing dates: 16 August 2016 Decision date: 01 September 2016 Before: Beazley ACJ at [1]; Simpson JA at [2] Decision: (1) Leave is granted to the applicant to appeal against Orders (5) and (6) of the orders of Button J of 22 April 2016; (2) The Amended Summons Seeking Leave to Appeal filed on 4 July 2016 is otherwise dismissed; (3) The "Urgent Notice of Motion" filed on 1 August 2016 is dismissed. Catchwords: APPEAL – application for leave to appeal against interlocutory orders made in four judgments of Supreme Court – asserted error in orders made preventing applicant from filing any further pleading without leave from judge and affidavit evidence – leave to appeal granted against those orders only – asserted error in refusing to enter default judgment against respondents – asserted error in refusing to award interim damages –– no issue of principle raised by any other proposed grounds appeal – application for leave to appeal otherwise dismissed
PRACTICE AND PROCEDURE – Notice of Motion – application to set aside order made by single judge of Court of Appeal – application to re-instate earlier Notice of Motion seeking expedition of appeal – no error disclosed – Notice of Motion dismissed Legislation Cited: Civil Procedure Act 2005 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Vexatious Proceedings Act 2008 (NSW) Category: Principal judgment Parties: Maureen Mary Young (Applicant) Roads and Maritime Services (First Respondent) State of New South Wales (Second Respondent) Representation: Counsel: In person (Applicant) P Lane (First and Second Respondents)
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