Martin v State of New South Wales (No 14) [2012] NSWCA 46

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Martin v State of New South Wales (No 14) [2012] NSWCA 46 Hearing dates: 27 September 2011 Decision date: 21 March 2012 Before: Basten JA at 1, Meagher JA at 1, Handley AJA at 1 Decision: (A) Matter CA 2011/129207 Appeal from the judgment and orders of Preston CJ of 6 April 2011 dismissed with costs. (B) Matter CA 2011/84040 - (1) By consent appeal allowed. (2) Orders 2, 3, 4, 5 and 6 made by Pain J on 24 February 2011 set aside. (3) Order for dismissal of the proceedings consequential on the appellant's failure to provide security for costs by 24 April 2011 set side. (4) Leave granted to Mr Martin to file amended points of claim in the Land and Environment Court, verified in accordance with directions given by Pain J on 24 February 2011. (5) Highlake to pay Mr Martin's costs of the proceedings in this Court as a self-represented litigant. (6) No order as to the costs of the State, Mr and Mrs Savas and Central West. (C) Notice of Motion of 15 August 2011 (1) Notice of motion dismissed. (2) Mr Martin to pay the costs of the State, Highlake, Mr and Mrs Savas and Tellus of the motion in respect of prayers 19 and 20. [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 - damages - claim for tortious damages raised for the first time on appeal - discussion of Edwards v Santos Ltd [2011] HCA 8; 242 CLR 421