Martin v State of New South Wales

The applicant, Martin, sought leave to appeal against an interlocutory judgment of Schmidt J delivered on 19 December 2014. The judgment below dismissed a motion brought by the applicant seeking a concurrent hearing of numerous matters, the issue of subpoenas, and the transfer of proceedings from the Land and Environment Court.

The primary legal issues before the Court of Appeal were whether there was evidence that issues relating to an application under the *Vexatious Proceedings Act 2008* (NSW) were not raised in that specific proceeding, whether an issue of principle was raised by the applicant's motion, and whether the applicant would suffer practical prejudice as a result of the dismissal of his motion.

The Court of Appeal found that there was no evidence to suggest that the issues concerning the *Vexatious Proceedings Act* had not been raised in the relevant proceeding. Furthermore, the Court determined that the applicant's motion did not raise an issue of principle that warranted appellate intervention. Consequently, the Court concluded that the applicant had not demonstrated sufficient grounds for leave to appeal.

Accordingly, the Court of Appeal refused the applicant leave to appeal against the judgment of Schmidt J.