Martin v State of New South Wales (No 2) [2011] NSWCA 272

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Martin v State of New South Wales (No 2) [2011] NSWCA 272 Hearing dates: 29 August 2011 Decision date: 29 August 2011 Before: Basten JA at 1; Handley AJA at 13 Decision: (1) Strike out notice of appeal as incompetent. (2) Refuse application for leave to appeal. (3) Order the applicant to pay the respondent's costs in this Court. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: APPEAL - civil - notice of appeal - extension of time to apply for leave to appeal - proceedings brought in behalf of another - other courses open at the date of the challenged judgment to proceed in an alternative way - no clear issue as to law established - not appropriate for a grant of an extension of time - appeal dismissed as incompetent Legislation Cited: Land and Environment Court Act 1979 (NSW), ss 56A, 57 Mining Act 1992 (NSW) Uniform Civil Procedure Rules 2005 (NSW), r 13.4 Cases Cited: Martin v New South Wales Department of Industry and Investment [2009] NSWLEC 1447 Category: Interlocutory applications Parties: Anthony Gilbert Martin - Applicant State of New South Wales - Respondent Representation: Counsel: