Martin v State of New South Wales & Anor [2011] NSWLEC 20

Land and Environment Court New South Wales

Medium Neutral Citation: Martin v State of New South Wales & Anor [2011] NSWLEC 20 Hearing dates: 17 February 2011 Decision date: 24 February 2011 Before: Pain J Decision: 1. The Points of Claim are struck out. 2. The Applicant is to provide security for costs of the Second Respondent in the sum of $49,378 to the Registrar of this Court within 2 months of the date of this order. 3. The proceedings are stayed until such time as the security referred to in prayer 2 is provided to the satisfaction of the Registrar. 4. The proceedings are dismissed if no security for costs in accordance with prayer 2 is provided within 2 months of the date of this order. 5. If the security as referred to above is provided to the satisfaction of the Registrar, the Applicant may, within 28 days thereof, apply for leave to file amended Points of Claim. 6. Any application as referred to in prayer 5 must be accompanied by affidavits in the appropriate form, identifying facts which if properly proved support any general statements made in the amended Points of Claim and that the Applicant has standing to bring the claim. 7. Costs reserved. Catchwords: PROCEDURE - whether points of claim should be struck out - whether security for costs order ought be made Legislation Cited: Civil Procedure Act 2005 s 56, s 57 Land and Environment Court Act 1979 s 16, s 21C, s 23 Mining Act 1992 Pt 15, s 120, s 293(1), s 296(p) (repealed) Uniform Civil Procedure Rules 2005 Sch 1, r 14.6, r 14.7, r 14.8, r 14.28, r 42.21 Cases Cited: 15 Management Pty Ltd v Newstar Sports Management Pty Ltd [2009] NSWSC 1208 Australian Conservation Foundation v The Commonwealth [1980] HCA 53; (1980) 146 CLR 493 Caroona Coal Action Group Inc v Coal Mines Australia Pty Ltd [2009] NSWLEC 165; (2009) 170 LGERA 22 General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; (1964) 112 CLR 125 Kenneth A Pethers v Minister for Agriculture [2010] NSWSC 805 Leerdam v Noori [2009] NSWCA 90; (2009) 255 ALR 553 Manolakis v Senior Registrar of the High Court of Australia [2008] FCA 506 Martin v Minister for Mineral and Forest Resources [2010] NSWLEC 131 Martin v Minister for Mineral and Forest Resources [2011] NSWLEC 1011 Midcoast Lime Co Pty Ltd v Minister for Primary Industries [2008] NSWSC 331 Nolan v Administrative Appeals Tribunal (1997) 47 ALD 689 Shelton v National Roads and Motorists' Association Ltd [2004] FCA 1393; (2004) 51 ACSR 278 Texts Cited: Ritchie's Uniform Civil Procedure NSW, LexisNexis, Sydney, 2005 Category: Procedural and other rulings Parties: Anthony Gilbert Martin (Applicant) State of New South Wales (First Respondent) Highlake Resources Pty Ltd (Second Respondent) Representation: Counsel: Mr Martin (Applicant - in person) Submitting Appearance (First Respondent) Mr P Larkin (Second Respondent) Solicitors: HWL Ebsworth Lawyers (Second Respondent) File Number(s): 80006 of 2010