Martin v State of New South Wales (No 7) [2011] NSWCA 282

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Martin v State of New South Wales (No 7) [2011] NSWCA 282 Hearing dates: 6 September 2011 Decision date: 06 September 2011 Before: Basten JA at 8; Handley AJA at 1 Decision: (1) Notice of appeal struck out. (2) Leave to appeal refused with costs. [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 interlocutory orders and questions of costs - submitting appearance by decision-maker in judicial review proceedings contested by active respondent does not warrant summary judgment Legislation Cited: Land and Environment Court Act 1979 (NSW), s 57 Cases Cited: Oshlack v Richmond Shire Council [1998] HCA 11; 193 CLR 72 The Queen v Australian Broadcasting Tribunal ex parte Hardiman [1980] HCA 13; 144 CLR13 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: