Martin v State of New South Wales (No 11) [2011] NSWCA 288

The appeal was struck out as incompetent, and leave to appeal was refused because the orders under challenge were discretionary interlocutory decisions with no question of law fairly arguable. No error of principle was demonstrated regarding the refusal to join a party or other procedural orders.

Jurisdiction: Australia
Judgment Date: 14 September 2011
Procedural Posture: Appeal / Application for Leave to Appeal and Appeal Against Interlocutory Orders
Outcome: Appeal struck out as incompetent; leave to appeal refused; appellant to pay respondents' costs.
Legal Topics: ['review of Decisions Regarding Mining Exploration Licences' 'parties to Proceedings' 'appeal From Interlocutory Orders' 'misuse of Confidential Information in Administrative Decision Making']

['administrative Law'] ['review of Decisions Regarding Mining Exploration Licences' 'parties to Proceedings' 'appeal From Interlocutory Orders' 'misuse of Confidential Information in Administrative Decision Making']

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

Procedural Posture

Appeal / Application for Leave to Appeal and Appeal Against Interlocutory Orders

Legal Issues

1 ['Whether appeal from interlocutory judgment was competent' 'Whether leave to appeal should be granted from interlocutory orders refusing summary judgment, stay, transfer, joinder, and amendment' 'Whether Tellus Resources Ltd should have been joined as a party']

Ratio Decidendi

Court Disposition

Appeal struck out as incompetent; leave to appeal refused; appellant to pay respondents' costs.

Orders

['Strike out the appeal as incompetent.' 'Refuse leave to appeal.' "Appellant to pay the respondents' costs in this Court."]