Martin v Attorney General for the State of New South Wales [2014] NSWCA 189

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Martin v Attorney General for the State of New South Wales [2014] NSWCA 189 Hearing dates: 24 March 2014 Decision date: 13 June 2014 Before: Basten JA at [1]; Leeming JA at [2]; Sackville AJA at [3] Decision: 1. Appeal allowed. 2. The orders made by Hidden J on 5 March 2013 be set aside. 3. Remit the proceedings to the Common Law Division of the Supreme Court for hearing and determination in accordance with law. 4. The Attorney General pay the Appellant's costs of the proceedings to date, including costs in this Court and in the Court below, on a litigant in person basis. [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: PRACTICE AND PROCEDURE - application by the Attorney General for vexatious proceedings orders - whether the orders had been sought to terminate pending proceedings instituted by the litigant - whether matter should be remitted for further findings of fact - consent orders setting aside the vexatious proceedings orders - whether the application for such orders should be dismissed or remitted to the Common Law Division Legislation Cited: Supreme Court Act 1970 (NSW) ss 75A(10), 84 Uniform Civil Procedure Rules 2005, r 51.53(1) Vexatious Actions Act 1896 (UK) s 1 Vexatious Proceedings Act 2008 (NSW) ss 6, 8 Cases Cited: Attorney General for New South Wales v Solomon (1987) 8 NSWLR 667 Attorney General of New South Wales v Martin [2013] NSWSC 442 Attorney General v Wentworth (1988) 14 NSWLR 481 Commonwealth Trading Bank v Inglis [1974] HCA 17; 131 CLR 311 Hunters Hill Municipal Council v Pedler [1976] 1 NSWLR 478 Teoh v Hunters Hill Council (No. 8) [2014] NSWCA 125 Category: Principal judgment Parties: Anthony Gilbert Martin (Appellant) Attorney General (NSW) (Respondent) Representation: Counsel: In person (Appellant) V McWilliam (Respondent) Solicitors: NSW Crown Solicitor's Office (Respondent) File Number(s): 2013/265928 Publication restriction: None Decision under appeal Citation: Attorney General of New South Wales v Anthony Gilbert Martin [2013] NSWSC 442 Date of Decision: 2013-03-05 00:00:00 Before: Hidden J File Number(s): 2012/217369