Martin v State of New South Wales (No 6) [2011] NSWCA 281

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Martin v State of New South Wales (No 6) [2011] NSWCA 281 Hearing dates: 6 September 2011 Decision date: 06 September 2011 Before: Basten JA at 16; Handley AJA at 1 Decision: (1) Notice of appeal be struck out as incompetent and leave to appeal refused. (2) Mr Martin to pay the costs of Highlake Resources Pty Limited and the costs of the State as a submitting respondent. (3) Mr Martin to pay Mr and Mrs Savas' 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 from costs orders - appeal struck out as incompetent - parties wrongly joined to judicial review proceedings - Land and Environment Court no authorised to deal with independent claim for breach of confidence - indemnity costs awarded after erroneous joinder challenged - no error of principle Legislation Cited: Land and Environment Court Act 1979 (NSW), s 57 Category: Principal judgment Parties: Anthony Gilbert 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: Counsel: