Martin v Director General, New South Wales Department of Industry and Investment & Ors [2010] NSWLEC 21

Land and Environment Court of New South Wales

CITATION : Martin v Director General, New South Wales Department of Industry and Investment & Ors [2010] NSWLEC 21

APPELLANT PARTIES : Anthony Martin RESPONDENT Director General, New South Wales Department of Industry and Investment & Ors

FILE NUMBER(S) : 80001 of 2010

CORAM: Pain J

KEY ISSUES: PRACTICE AND PROCEDURE :- whether s 56A appeal should be dismissed as no error of law disclosed in the grounds of appeal

Civil Procedure Act 2005 s 16(1) LEGISLATION CITED: Land and Environment Court Act 1979 s 56A Uniform Civil Procedure Rules 2005 r 13.4

CASES CITED: B & L Linings Pty Limited & Anor v Chief Commissioner of State Revenue [2008] NSWCA 187 Martin v New South Wales Department of Industry and Investment [2009] NSWLEC 1447

DATES OF HEARING: 17 February 2010

EX TEMPORE JUDGMENT DATE : 17 February 2010

APPELLANT Mr Ezekiel-Hart (solicitor)

LEGAL REPRESENTATIVES: RESPONDENT Ms C Spruce SOLICITOR Crown Solicitor's Office

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Pain J

17 February 2010

80001 of 2010 Martin v Director General, New South Wales Department of Industry and Investment and Ors

EX TEMPORE JUDGMENT 1 Her Honour: The Appellant has commenced these Class 8 proceedings seeking various orders in relation to a decision of the Commissioner for Mining (the Commissioner) on 11 December 2009 in separate proceedings (matter no 09/80004, the original proceedings). The Commissioner held in Martin v New South Wales Department of Industry and Investment [2009] NSWLEC 1447 that the proceedings were frivolous and vexatious, disclosed no reasonable cause of action and were an abuse of process and should be dismissed pursuant to r 13.4 of the Uniform Civil Procedure Rules 2005 (the UCPR). The Commissioner was considering the Appellant's Notice of Motion dated 11 November 2009 seeking leave to file an amended summons, the Crown's motion to have the proceedings struck out under r 13.4 of the UCPR and the Appellant's application during the hearing for injunctive relief on the same grounds as the summons.