Prince v Malouf [2012] NSWCA 234

Prince v Malouf [2012] NSWCA 234

While the respondent's submissions exceeded page limits and were late, it would be disproportionate and counterproductive to require them to be withdrawn and redrafted. Instead, the respondent must file a succinct six-page summary of the issues and findings sought or resisted, and court directions for further submissions are adjusted. Costs of today's proceedings are awarded to the applicant.

Parties
Applicant: Stephen Thomas Prince; Respondent: John Joseph Malouf
Jurisdiction
Australia
Judgment Date
23 July 2012
Procedural Posture
Appeal / Procedural Ruling Pending Appeal Hearing
Outcome
Procedural orders made setting new filing deadlines; notice of motion otherwise dismissed; costs of the day to applicant.
Legal Topics
Appeal Procedure, Written Submissions, Page Limits, Compliance With Court Orders
Civil Procedure Appeal Procedure Written Submissions Page Limits Compliance With Court Orders

Case Brief

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Parties

Stephen Thomas Prince

Applicant

John Joseph Malouf

Respondent

Procedural Posture

Appeal / Procedural Ruling Pending Appeal Hearing

Legal Issues

  1. 1 Whether written submissions complied with page limits under Uniform Civil Procedure Rules 2005 (NSW)
  2. 2 Whether statements of disputed facts must be clearly identified and separately filed under r 51.36(2)
  3. 3 Whether non-compliance should result in submissions being struck out or redrafted

Ratio Decidendi

While the respondent's submissions exceeded page limits and were late, it would be disproportionate and counterproductive to require them to be withdrawn and redrafted. Instead, the respondent must file a succinct six-page summary of the issues and findings sought or resisted, and court directions for further submissions are adjusted. Costs of today's proceedings are awarded to the applicant.

Court Disposition

Procedural orders made setting new filing deadlines; notice of motion otherwise dismissed; costs of the day to applicant.

Orders

  • Respondent to file and serve a six-page summary of issues and findings by 14 August 2012.
  • Appellant to file submissions in response to cross-appeal (20 pages max) and reply (10 pages max) by 10 September 2012.