Martin v Minister for Resources and Energy [2012] NSWLEC 241

Land and Environment Court New South Wales

Medium Neutral Citation: Martin v Minister for Resources and Energy [2012] NSWLEC 241 Hearing dates: 26 October 2012 Decision date: 26 October 2012 Jurisdiction: Class 8 Before: Lloyd AJ Decision: 1. The summons is dismissed. 2. There will be no order as to costs. 3. The exhibit may be returned. Catchwords: JUDICIAL REVIEW - exploration licence under Mining Act 1992 - licence cancelled by proponent - validity of cancelled licence irrelevant - whether State in contempt - no contempt established - declaratory relief refused - no order as to costs Legislation Cited: Mining Act 1992 s 125 Cases Cited: Ainsworth v Criminal Justice Commission [1992] HCA 10; (1992) 175 CLR 564 Minister for Immigration and Multicultural Affairs v Ozmanian [1996] FCA 1017; (1996) 71 FCR 1 Gardner v Dairy Industry Authority of NSW (1977) 52 ALJR 180 Jardin v Metcash Ltd [2011] NSWCA 409; (2011) 285 ALR 677 Johnco Nominees Pty Ltd v Albury-Wodonga (NSW) Corporation (1977) 1 NSWLR 43 Martin v The State of New South Wales [2012] NSWLEC 182 Mutual Acceptance Ltd v The Commonwealth (1972) 29 LGRA 123 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin [1997] HCA 6; (1997) 186 CLR 622 Category: Principal judgment Parties: Anthony Gilbert Martin (applicant) Minister for Resources and Energy (first respondent) Hei Long Pty Ltd (second respondent) Representation: Mr A G Martin (applicant - in person) Mr H El-Hage (first respondent) Mr W J Van Ede (solicitor) (second respondent) I V Knight, Crown Solicitor (first respondent) Emil Ford Lawyers (second respondent) File Number(s): 80021 of 2012