Martin v Attorney General for the State of New South Wales

The appeal in *Martin v Attorney General for the State of New South Wales* concerned an application by the Attorney General for vexatious proceedings orders against the appellant, Mr. Martin. The dispute arose in the context of proceedings previously instituted by Mr. Martin, and the question before the Court of Appeal was whether the application for vexatious proceedings orders should be dismissed or remitted for further findings of fact. The Court of Appeal comprised Basten and Leeming JJA and Sackville AJA.

The primary legal issues before the Court of Appeal were whether the vexatious proceedings orders made by Hidden J on 5 March 2013 should be set aside, and whether the matter should be remitted to the Common Law Division for hearing and determination. This involved considering the circumstances under which such orders could be made and the appropriate course of action when consent orders were subsequently made setting aside those initial vexatious proceedings orders.

The Court of Appeal allowed the appeal, setting aside the orders made by Hidden J on 5 March 2013. The Court reasoned that the subsequent consent orders effectively resolved the immediate dispute regarding the vexatious proceedings orders. Consequently, the proceedings were remitted to the Common Law Division of the Supreme Court for hearing and determination in accordance with law. The Attorney General was ordered to pay Mr. Martin's costs of the proceedings to date, including costs in both the Court of Appeal and the Court below, on a litigant in person basis.