Stockland (Constructors) Pty Limited & Anor v Darryl I Coombs & Ors [2004] NSWSC 928

Stockland (Constructors) Pty Limited & Anor v Darryl I Coombs & Ors [2004] NSWSC 928

The court declined to enter judgment for the first and second defendants against the plaintiffs pending clarification/reconsideration of the fees issue by the referee, as previously ordered; formal remitter order was made consistent with paragraph 33 of prior judgment.

Jurisdiction
Australia
Judgment Date
06 October 2004
Procedural Posture
Commercial Equity Proceedings / Interlocutory Orders/remitter and Directions After Separate Question Judgment
Outcome
Remitter order made; interlocutory directions given; costs reserved
Legal Topics
['referee Reports' 'costs' 'remitter Orders']
['equity' 'commercial Law'] ['referee Reports' 'costs' 'remitter Orders']

Case Brief

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Procedural Posture

Commercial Equity Proceedings / Interlocutory Orders/remitter and Directions After Separate Question Judgment

Legal Issues

  1. 1 ["Whether judgment should be entered for first and second defendants against plaintiffs in light of referee's report and prior judgment" "Clarification/reconsideration of fees allowed to joint venture as per referee's findings following remitter" 'Procedural directions for submission timelines and dealing with costs']

Ratio Decidendi

The court declined to enter judgment for the first and second defendants against the plaintiffs pending clarification/reconsideration of the fees issue by the referee, as previously ordered; formal remitter order was made consistent with paragraph 33 of prior judgment.

Court Disposition

Remitter order made; interlocutory directions given; costs reserved

Orders

  • ['Referee’s report referred back for clarification/reconsideration of fees allowable to joint venture' 'Orders made in terms of paragraphs 1 to 7 of short minutes initialled and dated 6 October 2004' 'Matter listed before list judge for directions on 4 February 2005 for hearing date on adoption or rejection of...