Tred Consultants Pty Ltd v Kirana Training Pty Ltd [2020] NSWDC 690

Tred Consultants Pty Ltd v Kirana Training Pty Ltd [2020] NSWDC 690

Proceeding should be referred to a referee with accounting expertise to determine amounts owing to the plaintiff, as the disputes about quantum and government funding require specialised evaluation beyond the Court's own resources.

Jurisdiction
Australia
Judgment Date
29 October 2020
Procedural Posture
Civil / Interlocutory Referral to Referee for Accounting Determination
Outcome
Proceeding referred to a referee for determination of amounts owing; adjournment for mention to set terms for referral; costs of adjournment reserved.
Legal Topics
['monies Owed' 'quantum Conditional on Government Funding' 'referral to Referee' "use of Court's Resources"]
['practice and Procedure' 'commercial Law'] ['monies Owed' 'quantum Conditional on Government Funding' 'referral to Referee' "use of Court's Resources"]

Case Brief

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Procedural Posture

Civil / Interlocutory Referral to Referee for Accounting Determination

Legal Issues

  1. 1 ['Whether the plaintiff is entitled to the amounts claimed in its pleading for unpaid invoices under Vocational Education Training Fee Help and New Entrant Traineeship models' 'Whether the amount owed is conditional upon government funding received by the defendant' 'Whether late-served evidence by the defendant should be admitted' 'Appropriateness of referral to a referee for accounting determination']

Ratio Decidendi

Proceeding should be referred to a referee with accounting expertise to determine amounts owing to the plaintiff, as the disputes about quantum and government funding require specialised evaluation beyond the Court's own resources.

Court Disposition

Proceeding referred to a referee for determination of amounts owing; adjournment for mention to set terms for referral; costs of adjournment reserved.

Orders

  • ['Parties to confer upon terms for referral to referee.' 'Proceeding adjourned for mention before judge on 10 November 2020.' 'If terms not agreed by 6 November 2020, parties to submit competing terms to Associate by 12:00pm on 9 November 2020.' 'Costs of adjournment reserved.']