Martin v State of New South Wales [2011] NSWLEC 129

Land and Environment Court New South Wales

Medium Neutral Citation: Martin v State of New South Wales [2011] NSWLEC 129 Hearing dates: 1 February 2011 Decision date: 01 February 2011 Jurisdiction: Class 8 Before: Pain J Decision: The Court makes the following orders in relation to the Applicant's Notice of Motion filed on 25 January 2011: 1.Prayer 1 is made. 2.Prayers 2,3,4,5 and 6 are dismissed. 3.No action in relation to prayer 7. 4.The Applicant is to pay the First, Third and Fourth Respondents' costs of the motion. 5.Costs of the motion in relation to the Second Respondent are reserved. 6.The Applicant's application for stay of Pain J's orders made today refused. Catchwords: PROCEDURE - whether to make various procedural orders sought by the Applicant Legislation Cited: Civil Procedure Act 2005 Mining Act 1992 Uniform Civil Procedure Rules 2005 Pt 13 r 13.4(1)(b), Pt 42 r 42.5 Cases Cited: Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Bienstein v Bienstein [2003] HCA 7; (2003) 195 ALR 225 Calderbank v Calderbank [1975] 3 All ER 333 New South Wales Bar Association v Stevens [2003] NSWCA 95; (2003) 52 ATR 602 Penrith Whitewater Stadium Ltd v Lesvos Pty Ltd [2007] NSWCA 103 Category: Procedural and other rulings Parties: Anthony Gilbert Martin (Applicant) State of New South Wales (First Respondent) Highlake Resources Pty Ltd (Second Respondent) Ross Savas (former Third Respondent) Kaylene Savas (former Fourth Respondent) Representation: Mr A Martin (Applicant - in person) Ms J Kavanagh (Solicitor - First Respondent) Mr T March (solicitor - Second Respondent) Mr B Goldsmith (solicitor - former Third and Fourth Respondents) Crown Solicitor's Office (First Respondent) HWL Ebsworth Lawyers (Second Respondent) Goldsmith Lawyers (former Third and Fourth Respondents) File Number(s): 80006 of 2010