Martin v State of New South Wales (No 3) [2011] NSWCA 273

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Martin v State of New South Wales (No 3) [2011] NSWCA 273 Hearing dates: 29 August 2011 Decision date: 29 August 2011 Before: Basten JA at 1; Handley AJA at 7 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 - leave required to appeal from a decision with respect to costs only - costs dependent upon challenge to substantive judgment - leave to pursue an independent challenge refused Legislation Cited: Land and Environment Court Act 1979 (NSW), s 36 Cases Cited: Martin v Minister for Mineral and Forest Resources [2011] NSWLEC 1011 Category: Interlocutory applications Parties: Anthony Gilbert Martin - Applicant State of New South Wales - Respondent Representation: Counsel:

Applicant in person Ms C Spruce - Respondent Solicitors:

Applicant self-represented I V Knight, Crown Solicitor - Respondent File Number(s): CA 2011/119586 Decision under appeal Citation: Martin v NSW Minister for Mineral and Forest Resources [2011] NSWLEC 38 Date of Decision: 2011-03-18 00:00:00 Before: Pepper J File Number(s): 80002 of 2010