Burwood Council v Ralan Burwood Pty Ltd [2014] NSWCA 106

Burwood Council v Ralan Burwood Pty Ltd [2014] NSWCA 106

Because the Council did not object to the late filing, and because the competency issue should be dealt with by the Court of Appeal in connection with the appeal rather than by the case management judge in advance, directions were made for Ralan to file and serve its motion, affidavit and submissions and for the Council to file and serve its response and any evidence before the listed hearing.

Jurisdiction
Australia
Judgment Date
31 March 2014
Procedural Posture
Interlocutory Applications / Case Management Directions in an Appeal Before the Hearing
Outcome
Directions made; no order as to costs.
Legal Topics
['case Management' 'late Filing of Notice of Objection to Competency' 'want of Parties' 'time Limits on Oral Address']
['practice and Procedure' 'appellate Procedure'] ['case Management' 'late Filing of Notice of Objection to Competency' 'want of Parties' 'time Limits on Oral Address']

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Procedural Posture

Interlocutory Applications / Case Management Directions in an Appeal Before the Hearing

Legal Issues

  1. 1 ['Whether Ralan should be permitted, late, to file a notice of motion objecting to the competency of the appeal for want of parties.' 'Whether the objection to competency should be determined in advance of the appeal.' 'How the appeal and the proposed motion should be managed within the listed two day hearing.']

Ratio Decidendi

Because the Council did not object to the late filing, and because the competency issue should be dealt with by the Court of Appeal in connection with the appeal rather than by the case management judge in advance, directions were made for Ralan to file and serve its motion, affidavit and submissions and for the Council to file and serve its response and any evidence before the listed hearing.

Court Disposition

Directions made; no order as to costs.

Orders

  • ['Direct that Ralan file and serve by 9am Thursday 3 April 2014 a notice of motion, affidavit and submissions.' 'Direct that the Council file and serve its submissions in response, and any evidence on which it seeks to rely in response, by 4pm Monday 7 April 2014.' 'No order as to costs.']