Martin v State of New South Wales (No 10) [2011] NSWCA 287

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Martin v State of New South Wales (No 10) [2011] NSWCA 287 Hearing dates: 6 September 2011 Decision date: 14 September 2011 Before: Basten JA at 1; Handley AJA at 26 Decision: (1) Leave to appeal granted. (2) Costs of the application for leave to appeal should be costs in the appeal. [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 - security for costs - pleading struck out but with leave to replead - security to be provided before claim repleaded - security ordered on basis that applicant acting for the benefit of a third person - appropriateness of order for security on basis that may not apply to repleaded claim - security sought by party which made decision possible for ulterior purpose Legislation Cited: Land and Environment Court Act 1979 (NSW), s 57 Mining Act 1992 (NSW) Uniform Civil Procedure Rules 2005 (NSW), rr 42.7, 42.21 Cases Cited: Martin v Minister for Mineral and Forest Resources [2010] NSWLEC 131 Category: Principal judgment Parties: Anthony Gilbert Martin - Applicant The State of New South Wales - First Respondent Highlake Resources Pty Ltd - Second Respondent Mr Ross Savas - Third Respondent Mrs Kaylene Savas - Fourth Respondent Central West Scientific Pty Ltd - Fifth Respondent Tellus Resources Ltd - Sixth Respondent Representation: Counsel: