Martin v State of New South Wales [2013] NSWCA 302

Martin v State of New South Wales [2013] NSWCA 302

The application for leave to appeal from Pain J's costs judgment should be stood over because whether it could proceed depended on the construction and possible validity of Hidden J's vexatious litigant order; the appropriate course was to hear it with any application challenging that order.

Jurisdiction
Australia
Judgment Date
02 September 2013
Procedural Posture
Application for Leave to Appeal / Procedural Ruling to Stand Over Application
Outcome
Matter stood over to be heard with any application challenging the validity of the order made by Hidden J on 5 March 2013 under the Vexatious Proceedings Act 2008 (NSW).
Legal Topics
['application for Leave to Appeal' 'vexatious Litigant Order' 'whether Proceedings Prohibited Without Leave' 'costs Order in Land and Environment Court Proceedings' 'standing Over Proceedings']
['civil Procedure' 'appeals' 'vexatious Proceedings' 'costs'] ['application for Leave to Appeal' 'vexatious Litigant Order' 'whether Proceedings Prohibited Without Leave' 'costs Order in Land and Environment Court Proceedings' 'standing Over Proceedings']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Procedural Ruling to Stand Over Application

Legal Issues

  1. 1 ["Whether the application for leave to appeal from the costs order in the Land and Environment Court was within the exception in Hidden J's order concerning the outstanding issue of costs, or was within the prohibition on instituting proceedings without leave under the Vexatious Proceedings Act 2008 (NSW)." "Whether the application should be heard separately from, or together with, any application challenging the validity of Hidden J's order declaring Mr Martin a vexatious litigant."]

Ratio Decidendi

The application for leave to appeal from Pain J's costs judgment should be stood over because whether it could proceed depended on the construction and possible validity of Hidden J's vexatious litigant order; the appropriate course was to hear it with any application challenging that order.

Court Disposition

Matter stood over to be heard with any application challenging the validity of the order made by Hidden J on 5 March 2013 under the Vexatious Proceedings Act 2008 (NSW).

Orders

  • ['Stand the matter over to be heard with any application challenging the validity of the order made by Hidden J on 5 March 2013 under the Vexatious Proceedings Act 2008 (NSW).' 'The costs of today will be costs in the proceedings with respect to this matter.']