Martin v State of New South Wales (No 3) [2011] NSWLEC 88

Land and Environment Court New South Wales

Medium Neutral Citation: Martin v State of New South Wales (No 3) [2011] NSWLEC 88 Hearing dates: 19 May 2011 Decision date: 23 May 2011 Jurisdiction: Civil Before: Pain J Decision: 1.Paragraphs 8, 9 and 10 of the Applicant's summons filed on 21 January 2011 are struck out. 2.Paragraphs 6, 7, 39, 40, 83, 84, 128, and 129 of the Applicant's Amended Points of Claim filed on 27 April 2011 are struck out. 3.The Applicant's Notice to Produce filed on 5 May 2011 is set aside. 4.The Applicant may issue a subpoena to produce documents in the terms identified in his affidavit dated 5 May 2011 Annexure B to Mr Mullard and Ms Cottier and if issued must be filed and served by 12.00pm Wednesday 25 May 2011, returnable before the trial judge on 30 May 2011. 5.The Applicant is to pay the costs of Tellus Resources Ltd in relation to prayer 6 of the Applicant's Notice of Motion filed on 13 May 2011. 6.The Respondent's applications for costs in relation to the Applicant's Notice of Motion filed on 13 May 2011 and the Respondent's Notices of Motion filed on 3 May 2011 and 11 May 2011 are reserved. 7.Parties have liberty to apply on two days' notice. Catchwords: Procedure: - whether leave should be given to issue subpoenas - whether pleading should be struck out in part - whether Notice to Produce should be set aside Legislation Cited: Land and Environment Court Rules 2007 Pt 4 r 4.2 Mining Act 1992 s 293 Uniform Civil Procedure Rules 2005 Pt 7 r 7.3, Pt 14 r 14.28, Pt 21 r 21.10(b) Uranium Mining and Nuclear Facilities (Prohibitions) Act 1986 Cases Cited: Caroona Coal Action Group Inc v Coal Mines Australia Pty Ltd (No 3) [2010] NSWLEC 59; (2010) 173 LGERA 280 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 (Respondent) Tellus Resources Ltd (party Applicant sought to join on 19 May 2011) Representation: Mr A Martin (Applicant - in person) Ms C Spruce (Respondent) Mr J Griffiths SC (Tellus Resources Ltd) Crown Solicitor's Office (Respondent) Allsop Glover Pty Limited (Tellus Resources Ltd) File Number(s): 80001 of 2011