Martin v State of New South Wales (No 11) [2011] NSWCA 288

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Martin v State of New South Wales (No 11) [2011] NSWCA 288 Hearing dates: 6 September 2011 Decision date: 14 September 2011 Before: Basten JA at 1, Handley AJA at 11 Decision: (1) Strike out the appeal as incompetent. (2) Refuse leave to appeal. (3) Appellant to pay the respondents' 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: ADMINISTRATIVE LAW - review of decisions with respect to mining exploration licences - proper parties - challenge based on misuse of confidential information supplied by applicant - appeal from interlocutory orders Legislation Cited: Land and Environment Court Act 1979 (NSW), s 57 Mining Act 1992 (NSW) Cases Cited: Martin v State of New South Wales [2011] NSWCA 274 Martin v State of New South Wales (No 3) [2011] NSWLEC 88 Category: Principal judgment Parties: Anthony Gilbert Martin - Appellant State of New South Wales - First Respondent Mr Ross Savas - Second Respondent Mrs Kaylene Savas - Third Respondent Mr Tully Araluen Richards - Fourth Respondent Tellus Resources Ltd - Fifth Respondent Representation: Counsel: