Martin v State of New South Wales (No 5) [2011] NSWCA 280

Martin v State of New South Wales (No 5) [2011] NSWCA 280

Highlake Resources Pty Ltd had standing because the proceedings challenged a decision made in its favour, were commenced when it held Exploration Licence 7613, and sought orders against it; the later transfer of the licence did not remove its interest in resisting the proceedings.

Jurisdiction
Australia
Judgment Date
06 September 2011
Procedural Posture
Civil Appeal / Application to Dismiss Notice of Motion on the Ground of Lack of Standing
Outcome
Application refused.
Legal Topics
['appeal' 'standing' 'application to Dismiss' 'exploration Licence']
['civil Procedure'] ['appeal' 'standing' 'application to Dismiss' 'exploration Licence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil Appeal / Application to Dismiss Notice of Motion on the Ground of Lack of Standing

Legal Issues

  1. 1 ['Whether Highlake Resources Pty Ltd lacked standing to resist the appeal or bring its notice of motion because Exploration Licence 7613 had been transferred to Dorado Resources Pty Ltd after the proceedings commenced.']

Ratio Decidendi

Highlake Resources Pty Ltd had standing because the proceedings challenged a decision made in its favour, were commenced when it held Exploration Licence 7613, and sought orders against it; the later transfer of the licence did not remove its interest in resisting the proceedings.

Court Disposition

Application refused.

Orders

  • ['Refuse application to dismiss the notice of motion brought by Highlake Resources Pty Ltd on the ground of lack of standing.']