Martin v State of New South Wales (No 13) [2011] NSWCA 296

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Martin v State of New South Wales (No 13) [2011] NSWCA 296 Hearing dates: 6 September 2011 Decision date: 19 September 2011 Before: Basten JA at 1; Handley AJA at 8 Decision: (1) Strike out orders 5-7 (seeking final relief) in the notice of appeal dated 12 April 2011. (2) Order the appellant to pay the costs of Tellus Resources Ltd in this proceeding. (3) Leave to appeal granted on 14 September 2011 is restricted to orders 3 and 4 sought in the notice of appeal and order 8 (in relation to costs) so far as it relates to the second respondent (Highlake Resources Pty Ltd), such relief to be sought on the basis of grounds 7 and 8. (4) The appeal, so limited, is listed for hearing on 27 September 2011. [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 motion seeking removal from proceedings - not a party to the proceedings below - not directly affected by the relief sought or maintaining the decision of the Court below - damages sought not within the appellate jurisdiction of the court- Uniform Civil Procedure Rules 2005 (NSW) r 51.4

COSTS - costs sought on an indemnity basis - claim against abuse of process - no evidence demonstrating appellant's attention had been drawn to this factor - costs assessed on ordinary basis