QBE Insurance (Australia) Ltd v Quasar Constructions (NSW) Pty Ltd [2007] NSWDC 162

QBE Insurance (Australia) Ltd v Quasar Constructions (NSW) Pty Ltd [2007] NSWDC 162

The Referee's disputed findings were open on the evidence, were adequately reasoned, and were not shown to involve misapprehension of the evidence, perversity, denial of natural justice, or reliance on improper considerations. QBE was also precluded from relying on the alleged written-authorisation condition precedent for Variation 16/14B because Quasar had not been sufficiently put on notice of that case. The report was therefore varied only for conceded monetary errors and otherwise adopted.

Jurisdiction
Australia
Judgment Date
08 June 2007
Procedural Posture
District Court Civil Building and Construction Proceedings Concerning a Construction Contract and Variations / Motions After Delivery of a Court Appointed Referee's Report, With QBE Seeking Rejection and Quasar Seeking Adoption or Variation of the Report
Outcome
QBE's motion and claim were dismissed; Quasar's motion succeeded only to the extent that the Referee's report was varied for conceded errors and otherwise adopted; verdict was entered for Quasar on the cross-claim for AUD 39550.10; no order was made as to interest; costs orders were made in Quasar's favour.
Legal Topics
['construction Contract Variations' 'court Appointed Referee Report' 'adoption, Rejection or Variation of Referee Report' 'alleged Calculation Errors' 'pleadings and Notice of Issues' 'construction Defects' 'costs']
['building and Construction' 'civil Procedure'] ['construction Contract Variations' 'court Appointed Referee Report' 'adoption, Rejection or Variation of Referee Report' 'alleged Calculation Errors' 'pleadings and Notice of Issues' 'construction Defects' 'costs']

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Procedural Posture

District Court Civil Building and Construction Proceedings Concerning a Construction Contract and Variations / Motions After Delivery of a Court Appointed Referee's Report, With QBE Seeking Rejection and Quasar Seeking Adoption or Variation of the Report

Legal Issues

  1. 1 ["Whether the Referee's report should be rejected, adopted or varied under the UCPR." 'Whether conceded calculation and arithmetical errors required variation of the report.' 'Whether the Referee erred in finding that Variation 16/18 for door hardware was justified and not already allowed and paid under Variation 16/16.' 'Whether QBE was precluded from relying on an alleged condition precedent requiring written authorisation of Variation 16/14B by the architect.' 'Whether the Referee erred in finding Variation 16/14B was a valid variation arising from a change of tiling subcontractor.' 'Whether the Referee erred in allowing additional supervision, administration, site manager and granite work costs under Variation 16/14B.' "Whether the Referee erred in rejecting QBE's claims for compensable defects concerning portal granite and access panels."]

Ratio Decidendi

The Referee's disputed findings were open on the evidence, were adequately reasoned, and were not shown to involve misapprehension of the evidence, perversity, denial of natural justice, or reliance on improper considerations. QBE was also precluded from relying on the alleged written-authorisation condition precedent for Variation 16/14B because Quasar had not been sufficiently put on notice of that case. The report was therefore varied only for conceded monetary errors and otherwise adopted.

Court Disposition

QBE's motion and claim were dismissed; Quasar's motion succeeded only to the extent that the Referee's report was varied for conceded errors and otherwise adopted; verdict was entered for Quasar on the cross-claim for AUD 39550.10; no order was made as to interest; costs orders were made in Quasar's favour.

Orders

  • ["QBE's motion dismissed." "QBE's claim dismissed." "The Referee's report varied to allow for agreed errors totalling $18,293.96." "The Referee's report otherwise adopted." 'Verdict entered for Quasar on its cross-claim against QBE for $39,550.10.' 'No order as to interest.' "QBE to pay two-thirds of Quasar's costs...