Martin v State of NSW [2010] NSWLEC 247

Applicant's notice of motion is dismissed except for discovery; proper procedures for contempt and summary judgment not followed; no obligation found for Crown Solicitor to produce authority from Attorney General; discovery ordered as per qualifications regarding relevant land.

Parties: Applicant: Anthony Gilbert Martin; First Respondent: State of NSW; Second Respondent: Central West Scientific Pty Ltd
Jurisdiction: Australia
Judgment Date: 29 November 2010
Procedural Posture: Judicial Review / Interlocutory Motion
Outcome: notice of motion dismissed except for discovery
Legal Topics: Exploration Licence Validity, Discovery, Contempt, Authority of Crown Solicitor

Administrative Law Mining Law Procedure Exploration Licence Validity Discovery Contempt Authority of Crown Solicitor

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Parties

Anthony Gilbert Martin

Applicant

State of NSW

First Respondent

Central West Scientific Pty Ltd

Second Respondent

Procedural Posture

Judicial Review / Interlocutory Motion

Legal Issues

1 validity of exploration licence EL7547
2 whether Minister took relevant considerations into account
3 use of applicant's confidential intellectual property

Ratio Decidendi

Court Disposition

notice of motion dismissed except for discovery

Orders

Respondents to give discovery of documents in their possession or power since 1 January 2005 in relation to EL7547 and, if applicable, EL6499.
Timetable set for final hearing as soon as possible on or after 28 February 2011.