Roads and Maritime Services v Maureen Young [2018] NSWSC 1867

Supreme Court New South Wales

Medium Neutral Citation: Roads and Maritime Services v Maureen Young [2018] NSWSC 1867 Hearing dates: 30 November 2018 Date of orders: 30 November 2018 Decision date: 30 November 2018 Before: Wilson J Decision: (1) The time within which the plaintiff, the RMS, is required to file a defence to the amended cross-claim filed on 14 May 2018 will be extended to seven days from today, close of business, that being 4.30pm a date to be fixed by the registrar. (2) The claims against the RMS, the cross-defendant, contained in paragraphs 10 through 23 of the cross-claimant's amended statement of cross-claim filed on 14 May 2018, being paragraph 10 relevant to breach of contract, paragraphs 11 to 18 relevant to deceit, paragraphs 19 to 21(d) relevant to misfeasance, paragraph 22 relevant to equitable claims and paragraph 23 relevant to damages, are struck out pursuant to r 14.28 of the Uniform Civil Procedure Rules 2005. (3) I direct the cross-claimant (that is, Ms Young) to pay the cross-defendant's (that is, the RMS's) costs of this motion. (4) I grant leave to the cross-claimant (that is, Ms Young) to replead paragraph 10 with respect to breach of contract. Any such repleading is to be finalised, filed and served by 6 December 2018. Liberty to replead the remaining paragraphs is refused. (5) I stand the matter into the Registrar's List at 9am on 6 December 2018 for a timetable to be fixed for the matter to be given some progression. (6) I give liberty to Ms Young to apply to the Registrar for further time in which to file any amended pleading of paragraph 10. Catchwords: TORT LAW – amended cross-claim for breach of contract, fraud, misfeasance in public office – equitable claims – claims for damages – application for strike-out of portions of claim - adequacy of pleading – adequacy of particulars – latitude to a self-represented litigant – pleadings incomprehensible – particulars insufficient to establish cause of action – no point of principle Legislation Cited: Uniform Civil Procedure Rules Cases Cited: Dey v Victorian Railways Commissioners (1949) 78 CLR 62 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Magill v Magill [2006] HCA 51; (2006) 231 ALR 277 Maureen Mary Young v Roads and Maritime Services [2017] HCASL 243 Roads and Maritime Services v Young (No 2) [2018] NSWSC 1176 Young v RMS [2018] NSWCA 32 Young v RMS (no 2) [2015] NSWSC 1944 Young v RMS unreported decision SC (6 December 2017) Young v Roads & Maritime Services [2015] NSWSC 918 Young v Roads and Maritime Services [2016] NSWCA 238 Young v Roads and Maritime Services (No 3) [2016] NSWSC 491 Young v Roads and Maritime Services (No 3) [2018] NSWCA 91 Young v Roads and Maritime Services (No 3) [2018] NSWCA 106 Category: Principal judgment Parties: Roads and Maritime Services (Applicant/Plaintiff) Maureen Mary Young (Respondent/Defendant) Representation: Counsel: Ms P. M. Lane (Applicant/Plaintiff)