Commissioner of Police (NSW) v Ritson (No.4)

In *Commissioner of Police (NSW) v Ritson (No.4)*, Cameron J of the Supreme Court of New South Wales considered an interim application by Mr Ritson to vary or set aside previous orders made on 27 November 2020 concerning the timetable for filing and serving documents in relation to a creditor's petition. Mr Ritson sought to have the existing timetable, which he argued disadvantaged him, replaced with a new schedule that would allow him more time to prepare his case.

The central legal issue before the court was whether the orders made on 27 November 2020 should be vacated and replaced with a new timetable. This involved determining if Mr Ritson had been denied a proper opportunity to make submissions regarding the original timetable and if his ability to prepare his case had been prejudiced by overlapping legal obligations and unforeseen circumstances, including COVID-19 related disruptions. Mr Ritson contended that the Commissioner had deliberately coordinated timetables across different proceedings to disadvantage him and that the Commissioner had failed to disclose relevant information at the previous hearing.

Cameron J reasoned that Mr Ritson had been denied an opportunity to make submissions on the timetable on 27 November 2020, and that his subsequent inability to prepare his material was due to a combination of competing legal demands in other proceedings and the impact of COVID-19 restrictions on his ability to access necessary documents. Consequently, the court found it appropriate to vacate the original orders. The court then made new orders establishing a revised timetable for the filing and service of documents, with specific deadlines for Mr Ritson to file his grounds of opposition, evidence, and submissions, and for the Commissioner to file responsive evidence and submissions. The matter was listed for final hearing in April 2021, and the interim application was otherwise dismissed.