Prince v Malouf [2012] NSWCA 234

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Prince v Malouf [2012] NSWCA 234 Hearing dates: 23 July 2012 Decision date: 23 July 2012 Before: Basten JA Decision: (1) Respondent to file and serve a six page summary of the issues and findings he seeks or resists in relation to the appeal and cross-appeal, including cross-references to the paragraphs of his combined submissions filed 18 July 2012, by 14 August 2012. (2) Vacate order 1 made on 3 July 2012 and direct the appellant to file and serve submissions in response on the cross-appeal, limited to 20 pages, and a reply on the appeal limited to 10 pages, by 10 September 2012. (3) Vacate order 2 made on 3 July 2012 and direct the respondent to file and serve submissions in reply on the cross-appeal, limited to 10 pages, by 8 October 2012. (4) The orange book to be filed by 3 December 2012. (5) Notice of motion of 26 June 2012 otherwise dismissed. (6) Respondent to pay the appellant's costs of today, payable forthwith. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: APPEAL - procedure - written submissions - party's written submission exceed the length prescribed by the Uniform Civil Procedure Rules 2005 (NSW) - whether there is a public interest in compliance with time and page limits - Uniform Civil Procedure Rules 2005 (NSW), r 51.36(1)