Yavuz v Noaman [2001] NSWCA 449

Yavuz v Noaman [2001] NSWCA 449

The District Court judge followed the approach in Super Pty Ltd v SJP Formwork (Aust) Pty Ltd, carefully considered the material before the referee, and was justified in adopting the referee's determinations on contract price, termination and the panels issue. Although the costs order had unusual features, it was within the District Court judge's discretion, so no appealable error was shown and the appeal was dismissed with costs.

Jurisdiction
Australia
Judgment Date
27 November 2001
Procedural Posture
Building Case / Appeal From District Court Orders Adopting a Referee's Report, Awarding Interest and Ordering Costs
Outcome
Appeal dismissed with costs.
Legal Topics
["referee's Report" 'adoption of Report' 'contract Price' 'termination of Contract' 'damages on Cross Claim' 'costs Discretion']
['building and Construction' 'civil Procedure' 'costs' 'appellate Review'] ["referee's Report" 'adoption of Report' 'contract Price' 'termination of Contract' 'damages on Cross Claim' 'costs Discretion']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Building Case / Appeal From District Court Orders Adopting a Referee's Report, Awarding Interest and Ordering Costs

Legal Issues

  1. 1 ['Whether there was appealable error concerning the contract price.' 'Whether there was appealable error concerning how the contract was terminated.' 'Whether the referee misconstrued the specification concerning exposed aggregate pre-cast concrete vertical panels and hidden concrete areas when assessing damages on the cross-claim.' "Whether the District Court judge erred in ordering the proprietors to pay the builder's costs of both the claim and cross-claim."]

Ratio Decidendi

The District Court judge followed the approach in Super Pty Ltd v SJP Formwork (Aust) Pty Ltd, carefully considered the material before the referee, and was justified in adopting the referee's determinations on contract price, termination and the panels issue. Although the costs order had unusual features, it was within the District Court judge's discretion, so no appealable error was shown and the appeal was dismissed with costs.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']