Martin v State of New South Wales (No 9) [2011] NSWCA 286

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Martin v State of New South Wales (No 9) [2011] NSWCA 286 Hearing dates: 29 August 2011 Decision date: 14 September 2011 Before: Basten JA 1; Handley AJA at 2 Decision: (1) Summons for leave to appeal out of time dismissed. (2) Applicant to pay the respondent's 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: ADMINISTRATIVE LAW - power of Minister to grant authority under the Mining Act 1992 (NSW) - challenge to exercise of power of delegation - whether delegation affected by change in other provisions of Act or of identity of Minister - whether delegation to an office extends to a person acting in that office

APPEAL - civil - interlocutory - leave required - whether reasonably arguable grounds Legislation Cited: Land and Environment Court Act 1979 (NSW), ss 42, 57 Mining Act 1992 (NSW) Category: Principal judgment 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's Office - Respondent File Number(s): CA 2011/135546 Decision under appeal Citation: [2010] NSWLEC 131 Date of Decision: 2010-07-26 00:00:00 Before: Biscoe J File Number(s): 80002/2010