Prince v Malouf

In *Prince v Malouf*, the appeal concerned the proper procedure for filing written submissions and statements of challenges to findings of fact in the New South Wales Court of Appeal, specifically in relation to Uniform Civil Procedure Rules 2005 (NSW) r 51.36(1) and r 51.36(2). The dispute arose from the appellant's written submissions exceeding the prescribed length and the respondent's subsequent notice of motion seeking to dismiss the appeal on this basis.

The primary legal issues before the Court were whether there was a public interest in strict compliance with the time and page limits for written submissions stipulated by r 51.36(1), and whether r 51.36(2) required statements of challenges to findings of fact to be clearly identified and separate from written submissions.

Basten JA considered the purpose of the rules, which is to ensure efficiency and manage the court's workload. His Honour noted that while compliance with page limits is important, the Court retains discretion to permit extensions or variations where appropriate, particularly when the substance of the appeal warrants it. The Court determined that the respondent's notice of motion should be dismissed, but it also made orders to regularise the filing of submissions, requiring the respondent to file a six-page summary of issues and findings, and vacating previous orders to allow for revised and limited further submissions from both parties. The Court also directed the filing of an "orange book" by a specified date.