Burwood Council v Ralan Burwood Pty Ltd

In the Supreme Court of New South Wales, Court of Appeal, Leeming JA considered an application by Ralan Burwood Pty Ltd (Ralan) concerning the late filing of a notice of objection to competency for want of parties, and time limits on oral addresses. Burwood Council (the Council) was the opposing party.

The primary legal issue before the Court was whether Ralan should be permitted to file its notice of objection to competency out of time, and if so, what directions should be made for the further conduct of the proceedings. This involved considering the principles governing the late filing of documents and the Court's case management powers.

Leeming JA directed that Ralan file and serve a notice of motion, affidavit, and submissions by 9 am on Thursday, 3 April 2014. The Council was then directed to file and serve its submissions in response, along with any evidence it wished to rely upon, by 4 pm on Monday, 7 April 2014. These directions indicate the Court's approach to managing the late filing and the subsequent procedural steps required.