Martin v State of New South Wales [2011] NSWLEC 126

Martin v State of New South Wales [2011] NSWLEC 126

None of the material before the Court disclosed any cause of action relevant to this Court's jurisdiction against the Third and Fourth Respondents; proceedings against them were dismissed pursuant to rule 13.4(1)(b) of the Uniform Civil Procedure Rules 2005.

Parties
Applicant: Mr A G 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
13 January 2011
Procedural Posture
Class 8 Proceedings / Ruling on Strike Out Application and Costs
Outcome
Claim against Third and Fourth Respondents dismissed; costs ordered against Applicant; proceedings stood over for further directions.
Legal Topics
Application to Strike Out Claim, Costs, Indemnity Costs
Practice and Procedure Application to Strike Out Claim Costs Indemnity Costs

Case Brief

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Parties

Mr A G 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

Class 8 Proceedings / Ruling on Strike Out Application and Costs

Legal Issues

  1. 1 Whether proceedings disclose a cause of action relevant to this Court's jurisdiction against Third and Fourth Respondents
  2. 2 Appropriateness of indemnity costs

Ratio Decidendi

None of the material before the Court disclosed any cause of action relevant to this Court's jurisdiction against the Third and Fourth Respondents; proceedings against them were dismissed pursuant to rule 13.4(1)(b) of the Uniform Civil Procedure Rules 2005.

Court Disposition

Claim against Third and Fourth Respondents dismissed; costs ordered against Applicant; proceedings stood over for further directions.

Orders

  • Proceedings against the Third and Fourth Respondents are dismissed under rule 13.4(1)(b) of the Uniform Civil Procedure Rules 2005.
  • Applicant to pay costs of the Third and Fourth Respondents on a party-party basis until 23 December 2010, and on an indemnity basis from 23 December 2010.