Martin v State of New South Wales (No 7)

The Court of Appeal of New South Wales considered an appeal by the applicant, Martin, against the State of New South Wales. The dispute concerned an application to strike out a notice of appeal. The applicant had sought to appeal interlocutory orders and questions of costs arising from judicial review proceedings.

The primary legal issue before the Court of Appeal was whether the applicant had a right to appeal the interlocutory orders and costs decisions, or if leave to appeal was required. A further issue was whether the respondent's conduct in submitting an appearance in the judicial review proceedings, despite actively contesting the matter, warranted summary judgment in favour of the applicant.

The Court determined that leave to appeal was required for both interlocutory orders and decisions on costs, as stipulated by the relevant rules of court. It found that the respondent's submission of an appearance in the judicial review proceedings did not constitute a basis for summary judgment. The Court concluded that the applicant had not demonstrated any grounds for granting leave to appeal.

Consequently, the Court of Appeal ordered that the notice of appeal be struck out and refused leave to appeal, with costs awarded to the respondent.