Martin v State of New South Wales [2014] NSWCA 103

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Martin v State of New South Wales [2014] NSWCA 103 Hearing dates: 24 March 2014 Decision date: 24 March 2014 Before: Basten JA; Leeming JA; Sackville AJA Decision: 1. Grant leave to appeal from the judgment of Pain J in the Land and Environment Court delivered on 13 March 2013 in the matter of Martin v Highlake Resources Pty Ltd. 2. Set aside the order made by Pain J that Highlake Resources Pty Ltd receive its costs of the proceedings in that Court. 3. In lieu thereof order that there be no order as to costs of the proceedings in the Land and Environment Court. 4. The respondent, Highlake Resources Pty Ltd, to pay the appellant's costs in this Court as a litigant in person. [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: COSTS - whether costs orders made by the Land and Environment Court attended by error - whether the Court proceeded on an incorrect factual basis Legislation Cited: Land and Environment Court Act 1979 (NSW) Mining Act 1992 (NSW) Petroleum (Onshore) Act 1991 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Martin v Highlake Resources Pty Ltd [2013] NSWLEC 31 Martin v State of New South Wales (No. 10) [2011] NSWCA 287 Martin v State of New South Wales (No. 14) [2012] NSWCA 46 Martin v State of New South Wales [2011] NSWLEC 20 Martin v State of New South Wales [2013] NSWCA 47 Category: Principal judgment Parties: Anthony Gilbert Martin (Applicant)