Martin v State of New South Wales (No 4) [2011] NSWCA 274

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Martin v State of New South Wales (No 4) [2011] NSWCA 274 Hearing dates: 29 August 2011 Decision date: 29 August 2011 Before: Basten JA at 1; Handley AJA at 9 Decision: (1) Strike out notice of appeal as incompetent. (2) Refuse leave to appeal from the refusal to set aside the notice to produce. (3) No order as to the costs of the proceeding 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: PROCEDURE - civil - leave sought to appeal from the refusal to set aside notice to produce - request for disclosure of personal financial situation in order to pursue stay pending provision of security for costs - substantive issue not addressed by the Court below - leave refused Legislation Cited: Mining Act 1992 (NSW) 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 2011/119605 Decision under appeal Citation: Martin v State of New South Wales [2011] NSWLEC 63 Date of Decision: 2011-04-07 00:00:00 Before: Craig J File Number(s): 80001 of 2011