Martin v State of New South Wales [2014] NSWSC 1834

Supreme Court New South Wales

Medium Neutral Citation: Martin v State of New South Wales [2014] NSWSC 1834 Hearing dates: 18 December 2014 Decision date: 19 December 2014 Jurisdiction: Common Law Before: Schmidt J Decision: Mr Martin's motion is dismissed other than the leave given in relation to order 6 and what is sought in orders 4 and 5, which is stood over. Mr Martin has leave to renew those applications on reasonable notice being given. The usual order as to costs is that they follow the event. In this case that would be an order that Mr Martin bear the State's costs of the motion as agreed or assessed. Unless the parties approach by 20 January 2015, that will be the Court's order. Catchwords: PROCEDURE - notice of motion - order seeking concurrent hearing refused - order seeking discovery refused - leave sought to issue subpoenas at present refused - order seeking transfer of files from Land and Environment Court to Supreme Court refused - orders made Legislation Cited: Civil Procedure Act 2005 (NSW) Evidence Act 1995 (NSW) Mining Act 1992 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Vexatious Proceedings Act 2008 (NSW) Cases Cited: Attorney General of New South Wales v Anthony Gilbert Martin [2013] NSWSC 442 Martin v Attorney General for the State of New South Wales [2014] NSWCA 189 Commissioner for Railways v Small (1938) 38 SR (NSW) 564 Category: Procedural and other rulings Parties: Anthony Gilbert Martin (Plaintiff) State of New South Wales (Defendant) Representation: Counsel: Mr H El-Hage (Defendant) Solicitors: Mr A Martin, unrepresented (Plaintiff) I V Knight, Crown Solicitor (Defendant) File Number(s): 2014/271283 Publication restriction: None