A single case managing judge of an appeal in the NSW Court of Appeal should not determine a competency objection in advance of the appeal hearing where the determination could itself be subject to review under s 46(4) of the Supreme Court Act 1970 (NSW) and where efficiency favours the point being argued in light of the substantive appeal submissions. Time limits on oral address imposed on counsel can be used to justify listing an appeal for a shorter period than a respondent contends is necessary.
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