Stockland (Constructors) Pty Limited & Anor v Darryl I Coombs & Ors [2004] NSWSC 333

Stockland (Constructors) Pty Limited & Anor v Darryl I Coombs & Ors [2004] NSWSC 333

Given complex technical issues concerning adequacy and coordination of architectural and engineering drawings, and the agreement between parties, the final hearing is vacated and all issues referred to a Part 72 referee for determination, to facilitate a just, quick and cheap resolution.

Parties
First Plaintiff: Stockland Developments Pty Limited; Second Plaintiff: Stockland Properties Pty Limited; First Defendant: Darryl I Coombs Pty Limited; Second Defendant: Philip J Flook Pty Limited; Third Defendant: Retail Design Group (International) Pty Limited
Jurisdiction
Australia
Judgment Date
21 April 2004
Procedural Posture
Civil / Reference Ordered: Final Hearing Vacated, Proceedings Referred to Referee Under Part 72 Supreme Court Rules
Outcome
Final hearing vacated; proceedings referred to referee under Part 72 Supreme Court Rules; costs reserved.
Legal Topics
Part 72 References, Admissibility of Lay Opinion Evidence, Case Management, Technical Expert Evidence, Contractual Obligations, Architectural and Design Services
Practice and Procedure Construction Law Equity Part 72 References Admissibility of Lay Opinion Evidence Case Management Technical Expert Evidence Contractual Obligations +1 more

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Parties

Stockland Developments Pty Limited

First Plaintiff

Stockland Properties Pty Limited

Second Plaintiff

Darryl I Coombs Pty Limited

First Defendant

Philip J Flook Pty Limited

Second Defendant

Retail Design Group (International) Pty Limited

Third Defendant

Procedural Posture

Civil / Reference Ordered: Final Hearing Vacated, Proceedings Referred to Referee Under Part 72 Supreme Court Rules

Legal Issues

  1. 1 Identification of contracting parties in the architectural services contract
  2. 2 Adequacy and coordination of architectural and engineering drawings for tender packages
  3. 3 Causation regarding settlement payment in Queensland litigation

Ratio Decidendi

Given complex technical issues concerning adequacy and coordination of architectural and engineering drawings, and the agreement between parties, the final hearing is vacated and all issues referred to a Part 72 referee for determination, to facilitate a just, quick and cheap resolution.

Court Disposition

Final hearing vacated; proceedings referred to referee under Part 72 Supreme Court Rules; costs reserved.

Orders

  • Final hearing on 19 April 2004 vacated.
  • Appointment of Mr Lumsdaine as referee under Part 72 Supreme Court Rules.