Martin v NSW (No 14)

[2012] NSWCA 46

NSW Court of Appeal

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Interrogate

Catchwords

1. Mining
2. › Exploration licences
3. › Validity of application
4. › Non-compliance with approved form
5. › Whether failure to provide financial information in approved form invalidates application and licence
6. › Mining Act 1992 (NSW), ss 13, 22, 135, 382
1. Statutory Interpretation
2. › Validity of acts done in breach of statutory conditions
3. › Whether non-compliance with condition regulating exercise of statutory power invalidates the act
4. › Legislative purpose to invalidate
5. › Mining Act 1992 (NSW), s 382
1. Appeal
2. › New points on appeal
3. › Whether point not taken below may be raised on appeal
4. › Point that might have been answered by further evidence
1. Practice and Procedure
2. › Contempt
3. › Private litigant bringing contempt proceedings
4. › Requirement for precision in formulation of charges
5. › Requirement for supporting affidavit evidence
6. › Supreme Court Rules 1970 (NSW), Pt 55

Quick Take

Non-compliance with the approved form for financial information in a mining exploration licence application under the Mining Act 1992 (NSW) does not invalidate the application or the licence granted, where the statutory framework allows the decision-maker to judge the adequacy of the information provided. A claim for exemplary damages in tort cannot be brought for the first time in appellate proceedings where the claim has not been tried at first instance.