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

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Burwood Council v Ralan Burwood Pty Ltd [2014] NSWCA 106 Hearing dates: 31/03/2014 Decision date: 31 March 2014 Before: Leeming JA Decision: (1) Direct that Ralan file and serve by 9am Thursday 3 April 2014 a notice of motion, affidavit and submissions. (2) 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. [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: PRACTICE - case management - application for late filing of notice of objection to competency for want of parties - time limits on oral address Legislation Cited: Supreme Court Act 1970 (NSW), s 46(4) Uniform Civil Procedure Rules 2005 (NSW), r 51.36 Cases Cited: Ross v Lane Cove Council [2014] NSWCA 50 Category: Interlocutory applications Parties: Burwood Council (appellant) Ralan Burwood Pty Ltd (first respondent) Lyall Ernest Dix (second respondent) John Morgan (third respondent) William Peter O'Dwyer (fourth respondent) The Owners - Strata Plan No 88309 (fifth respondent) Representation: Counsel: T Hale SC with S Nash (appellant) P Tomasetti SC with J Johnson (first to fourth respondents) Solicitors: Houston Dearn O'Connor (appellant) Storey & Gough (first to fourth respondents) File Number(s): 2013/339576 Decision under appeal Citation: [2013] NSWLEC 173 Date of Decision: 2013-10-16 00:00:00 Before: Sheahan J File Number(s): 2013/40091