Martin v Highlake Resources Pty Ltd

Land and Environment Court

New South Wales

Medium Neutral Citation:

Martin v Highlake Resources Pty Ltd [2013] NSWLEC 31

Hearing dates:

13 March 2013

Decision date:

13 March 2013

Jurisdiction:

Class 8

Before:

Pain J

Decision:

1. The Applicant Mr Martin is to pay the Second Respondent Highlake Resources Pty Ltd's costs of the proceedings including the costs of this motion as agreed or assessed.

2. The order made on 11 August 2011 is set aside.

Note: The Second Respondent consents to order 2.

Catchwords:

COSTS - exercise of discretion to award costs where proceedings dismissed

Legislation Cited:

Civil Procedure Act 2005 s 98
Uniform Civil Procedure Rules 2005 r 42.20

Cases Cited:

Fordyce v Fordham [2006] NSWCA 274; (2006) 67 NSWLR 497
Re the Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin [1997] HCA 6; 186 CLR 622
Martin v State of New South Wales [2011] NSWLEC 20
Martin v State of New South Wales (No 14) [2012] NSWCA 46
Martin v Minister for Resources and Energy [2012] NSLWEC 241
McNamara v Bao Son [2010] NSWSC 809

Category:

Costs

Parties:

Anthony Gilbert Martin (Applicant)
Highlake Resources Pty Ltd (Second Respondent)

Representation:

Mr Martin (Applicant - in person)
Mr P Larkin (Second Respondent)
HWL Ebsworth Lawyers (Second Respondent)

File Number(s):

80006 of 2010

EX TEMPORE Judgment

1. Highlake seeks by Notice of Motion dated 10 December 2012 its costs of these proceedings or alternatively costs in relation to two Notices of Motion dated 11 February 2011 and 10 December 2012 (this motion). The Class 8 proceedings challenge the validity of an exploration licence EL 7613 granted on 30 August 2010 for two years, expiring on 31 August 2012.

1. Mr Martin did not file a Notice of Motion as he should but I have allowed his oral application seeking his costs of the proceedings. As a litigant in person my understanding is that he can be awarded disbursements only, not having incurred legal costs.

1. Mr Martin sought to read par 1-7 of his affidavit sworn 9 November 2012. Most was not read as I held it was irrelevant to this costs application. I otherwise found the affidavit of little assistance in resolving the issues in this motion.

1. Highlake relies on two affidavits of Ms Gerathy, solicitor, dated 10 December 2012 and 13 December 2012 setting out the history of this matter.

1. The affidavit of 13 December 2012 sets out the earlier history of the proceedings. The proceedings were commenced on 13 December 2010. There were numerous interlocutory applications by Mr Martin related to the joinder of parties, inter alia. The initial pleadings were struck out by me and an order requiring payment of security for costs made in Martin v State of New South Wales [2011] NSWLEC 20 dated 24 February 2011. Three notices of appeal dated 13 January 2011, 1 February 2011 and 24 February 2011 were filed by Mr Martin in relation to various interlocutory orders made in this Court, one in relation to my judgment…