Martin v State of New South Wales (No 6) [2011] NSWCA 281

Martin v State of New South Wales (No 6) [2011] NSWCA 281

Leave to appeal was refused and the appeal struck out as incompetent, as the orders challenged were interlocutory and for costs, requiring leave, and there was no proper basis or jurisdiction to advance claims for breach of confidence in the Land and Environment Court.

Parties
Applicant: Anthony Gilbert Martin; First Respondent: State of New South Wales; Second Respondent: Highlake Resources Pty Ltd; Third Respondent: Mr Ross Savas; Fourth Respondent: Mrs Kaylene Savas
Jurisdiction
Australia
Judgment Date
06 September 2011
Procedural Posture
Appeal / Application for Leave to Appeal Interlocutory Costs Orders; Notice of Appeal Struck Out as Incompetent
Outcome
Notice of appeal struck out as incompetent; leave to appeal refused.
Legal Topics
Appeals, Interlocutory Orders, Costs, Jurisdiction
Civil Procedure Appeals Interlocutory Orders Costs Jurisdiction

Case Brief

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Parties

Anthony Gilbert Martin

Applicant

State of New South Wales

First Respondent

Highlake Resources Pty Ltd

Second Respondent

Mr Ross Savas

Third Respondent

Mrs Kaylene Savas

Fourth Respondent

Procedural Posture

Appeal / Application for Leave to Appeal Interlocutory Costs Orders; Notice of Appeal Struck Out as Incompetent

Legal Issues

  1. 1 Whether leave to appeal is required for interlocutory orders and orders for costs in the Land and Environment Court.
  2. 2 Whether the Land and Environment Court has jurisdiction to hear claims for breach of confidence.
  3. 3 Whether the appeal should be struck out as incompetent.

Ratio Decidendi

Leave to appeal was refused and the appeal struck out as incompetent, as the orders challenged were interlocutory and for costs, requiring leave, and there was no proper basis or jurisdiction to advance claims for breach of confidence in the Land and Environment Court.

Court Disposition

Notice of appeal struck out as incompetent; leave to appeal refused.

Orders

  • Notice of appeal be struck out as incompetent and leave to appeal refused.
  • Mr Martin to pay the costs of Highlake Resources Pty Limited and the costs of the State as a submitting respondent.