Martin v NSW (No 11)

[2011] NSWCA 288

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Leave to appeal
4. › Interlocutory orders
5. › Whether appeal as of right competent from interlocutory orders of Land and Environment Court
6. › Land and Environment Court Act 1979 (NSW), s 57(1), s 57(4)(d)
1. Practice and Procedure
2. › Joinder of parties
3. › Proper parties
4. › Mining exploration licence proceedings
5. › Whether joinder of third party justified where third party held licences over adjacent but not overlapping land
1. Administrative Law
2. › Review of decisions
3. › Mining exploration licences
4. › Challenge to ministerial decisions regarding renewal of exploration licences
5. › Mining Act 1992 (NSW)

Quick Take

Appeals from interlocutory orders of the Land and Environment Court require leave under s 57(4)(d) of the Land and Environment Court Act 1979 (NSW) and are limited to questions of law under s 57(1). Joinder of a third party to proceedings challenging ministerial decisions on mining licences is not justified where the third party holds licences over adjacent but non-overlapping land and the application is made on the eve of trial.