Martin v State of New South Wales (No 9)

The proceeding involved an application by Martin (the applicant) against the State of New South Wales (the respondent) concerning the exercise of a power of delegation under the *Mining Act 1992* (NSW). The applicant challenged the validity of a delegation made by the Minister. The matter came before the Court of Appeal of New South Wales, with Basten JA and Handley AJA presiding.

The central legal issues before the Court were whether the Minister's delegation of authority under the *Mining Act 1992* was rendered invalid by subsequent amendments to other provisions of the Act, or by a change in the identity of the Minister. Additionally, the Court considered whether a delegation made to an office, rather than a named individual, extended to a person who was acting in that office. The applicant also sought leave to appeal out of time.

The Court determined that the grounds of appeal were not reasonably arguable, which is a prerequisite for granting leave to appeal, particularly when the appeal is interlocutory and sought out of time. The reasoning focused on the principles of statutory interpretation concerning delegation and the effect of changes in ministerial office. The Court concluded that the delegation remained valid despite the identified changes.

Consequently, the Court of Appeal dismissed the summons for leave to appeal out of time and ordered that the applicant pay the respondent's costs.