Martin v State of New South Wales [2011] NSWLEC 126

Land and Environment Court New South Wales

Medium Neutral Citation: Martin v State of New South Wales [2011] NSWLEC 126 Hearing dates: 13 January 2011 Decision date: 13 January 2011 Jurisdiction: Class 8 Before: Sheahan J Decision: (1) The proceedings against the Third and Fourth Respondents are dismissed under rule 13.4(1)(b) of the Uniform Civil Procedure Rules 2005. (2) The applicant is to pay the costs of the Third and fourth Respondents on a party-party basis from the filing of proceedings until 23 December 2010, but on an indemnity basis on and from 23 December 2010. (3) Costs of the First and Second Respondents are reserved. (4) Exhibit S1 is retained on the file. (5) The matter is stood over to 17 January 2011 before the Mining Commissioner. Catchwords: Practice and Procedure: application to strike out claim against respondents for lack of a cause of action within this court's jurisdiction - costs - indemnity costs Legislation Cited: Mining Act 1992 Uniform Civil Procedure Rules 2005 Category: Procedural and other rulings Parties: Mr A G Martin (Applicant) State of New South Wales (First Respondent) Highlake Resources Pty Ltd (Second Respondent) Mr Ross Savas (Third Respondent) Mrs Kaylene Savas (Fourth Respondent) Representation: Mr A G Martin in person (Applicant) Ms J Kavanagh, Solicitor (First Respondent) Mr T March, Solicitor (Second Respondent) Mr B Goldsmith, Solicitor (Third and Fourth Respondents) I V Knight, Crown Solicitor (First Respondent) HWL Ebsworth Lawyers (Second Respondent) Goldsmiths Lawyers (Third and Fourth Respondents) File Number(s): 80006 of 2010