Anthony Gilbert Martin v State of New South Wales

[2012] HCASL 113

ANTHONY GILBERT MARTIN

v

STATE OF NEW SOUTH WALES

[2012] HCASL 113

S132/2012

1. The applicant seeks special leave to appeal against orders of the Court of Appeal of the Supreme Court of New South Wales (Basten JA and Handley AJA) dismissing a notice of motion dated 26 September 2011 by which the applicant sought to have the Court of Appeal set aside judgments in 13 matters involving the applicant, the respondent and other parties.

2. The applicant brought several proceedings in the Land and Environment Court of New South Wales challenging the grant under the Mining Act 1992 (NSW) of a number of mining tenements. Between 29 August and 19 September 2011, the Court of Appeal (Basten JA and Handley AJA) gave judgment in 13 matters arising from the Land and Environment Court proceedings and made interlocutory orders dealing variously with procedural questions, incompetent appeals, and applications for leave to appeal.

3. On 26 September 2011, the applicant filed a notice of motion in the Court of Appeal seeking to have that Court set aside the judgments in those 13 matters under r 36.15 of the Uniform Civil Procedure Rules 2005 (NSW) ("UCPR").

4. On 21 March 2012, the Court of Appeal dismissed the applicant's notice of motion with costs. Handley AJA, with whom Basten JA agreed, held that there was no basis for finding that any of the orders in those 13 matters were made or entered irregularly, illegally, or against good faith, within r 36.15(1) of the UCPR. Further, the Court of Appeal held that the applicant had not identified any legal error which could provide an arguable ground for reopening the interlocutory orders made.

5. As the applicant is unrepresented, the application falls to be dealt with under r 41.10 of the High Court Rules 2004.

6. The applicant's written submissions raise no question of law which would justify a grant of special leave to appeal.  An appeal to this Court would have no prospects of success.

7. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

8          K.M. Hayne

9          15 August 2012

10  S.M. Crennan