Martin v State of New South Wales [2013] NSWCA 302

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Martin v State of New South Wales [2013] NSWCA 302 Hearing dates: 2 September 2013 Decision date: 02 September 2013 Before: Basten JA; Barrett JA Decision: 1. Stand the matter over to be heard with any application challenging the validity of the order made by Hidden J on 5 March 2013 under the Vexatious Proceedings Act 2008 (NSW). 2. The costs of today will be costs in the proceedings with respect to this matter. [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 - application for leave to appeal - costs - applicant a vexatious litigant - whether challenge to costs order in Land and Environment Court excluded from the prohibition on bringing proceedings without leave - challenge to be heard together with application for leave to appeal from vexatious litigant order Legislation Cited: Vexatious Proceedings Act 2008 (NSW) Category: Procedural and other rulings Parties: Anthony Gilbert Martin (Applicant) State of New South Wales (First Respondent) Highlake Resources Pty Ltd (Second Respondent) Representation: Counsel:

Applicant self-represented Submitting appearance (First Respondent) Mr T Messenger, Solicitor, appeared for the Second Respondent Solicitors: