Martin v State of New South Wales

The appeal concerned a costs order made by the Land and Environment Court of New South Wales. The appellant, Martin, sought to challenge an order by Pain J that the respondent, Highlake Resources Pty Ltd, should receive its costs of proceedings in that Court. The appeal was brought before the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether the Land and Environment Court had proceeded on an incorrect factual basis when making its costs order, thereby attending to error. This required the Court to consider the circumstances under which a costs order could be set aside on appeal due to a factual error.

The Court of Appeal found that the Land and Environment Court had indeed proceeded on an incorrect factual basis in making its costs order. Consequently, the Court granted leave to appeal, set aside the original costs order in favour of Highlake Resources Pty Ltd, and substituted an order that there be no order as to costs in the Land and Environment Court proceedings. The respondent was ordered to pay the appellant's costs in the Court of Appeal, with the appellant appearing as a litigant in person.