Young v Roads and Maritime Services (No 3)

[2018] NSWCA 106

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Application for leave to appeal
3. › Interlocutory orders
4. › Discretionary decision
5. › Whether House v The King error demonstrated
6. › Supreme Court Act 1970 (NSW), s 101
1. Practice and Procedure
2. › Interlocutory applications
3. › Re-agitation of previously dismissed interlocutory application
4. › Whether change of circumstances or new evidence
5. › Whether abuse of process
1. Practice and Procedure
2. › Default judgment
3. › Application to set aside default judgment
4. › Whether meritorious defence demonstrated
5. › Uniform Civil Procedure Rules 2005 (NSW), r 36.15
1. Practice and Procedure
2. › Procedural fairness
3. › Self-represented litigant
4. › Whether denied opportunity to be heard
5. › Whether bias

Quick Take

The Court held that a party seeking to re-agitate a dismissed interlocutory application must demonstrate a change of circumstances or new evidence not available at the original hearing; the mere interlocutory character of the order does not entitle a party to unlimited re-litigation.