Martin v State of New South Wales (No 5)

In the matter of *Martin v State of New South Wales (No 5)*, the New South Wales Court of Appeal considered an application to dismiss an appeal brought by Highlake Resources Pty Ltd on the grounds that it lacked standing. The underlying dispute concerned an appeal from a judgment below, and the central question was whether Highlake, as the former grantee of a licence that had since been assigned to a third party, retained the necessary standing to resist the appeal.

The Court was required to determine whether Highlake possessed sufficient legal interest or a sufficient interest in the subject matter of the appeal to be considered an "aggrieved person" for the purposes of maintaining its opposition to the appeal. This involved an examination of the nature of Highlake's former rights under the licence and the impact of its assignment on its continued standing to participate in the appellate proceedings.

The Court refused the application to dismiss the notice of motion brought by Highlake Resources Pty Ltd. The reasoning, though not fully detailed in the provided text, indicates that the Court found Highlake did retain standing to resist the appeal, despite the assignment of its licence. This suggests the Court applied principles that allow a party to retain an interest in the outcome of litigation even after the direct subject of their original right has been transferred, likely due to the potential residual consequences or implications of the original judgment.