Betta Build Group Pty Ltd v El Baba (No. 2) [2020] NSWDC 238

Betta Build Group Pty Ltd v El Baba (No. 2) [2020] NSWDC 238

The court held that the referee's report demonstrated a thorough, analytical, and scientific approach, and that neither denial of natural justice, apprehended bias, nor a failure to give adequate reasons was established. Minor inadequacies in reasoning for individual items did not warrant rejection of those items due to their immateriality. The report was adopted in its entirety and judgment entered for the Owner for defective works and previous overpayment, with interest awarded.

Jurisdiction
Australia
Judgment Date
22 May 2020
Procedural Posture
Civil / Post Referee Report Adoption, Final Orders
Outcome
Referee report adopted entirely; judgment for cross-claimant (Owner) for defective works and overpayment, Amended Statement of Claim dismissed.
Legal Topics
["referee's Report Adoption" 'natural Justice' 'apprehended Bias' 'adequacy of Reasons' 'breach of Statutory Warranties']
['building and Construction Law'] ["referee's Report Adoption" 'natural Justice' 'apprehended Bias' 'adequacy of Reasons' 'breach of Statutory Warranties']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Post Referee Report Adoption, Final Orders

Legal Issues

  1. 1 ["Whether the referee's report on rectification costs should be wholly or partly adopted" "Whether the referee denied natural justice by closing his mind to the Builder's evidence and contentions" 'Whether there was apprehended bias' 'Whether the referee failed to give adequate reasons for his findings']

Ratio Decidendi

The court held that the referee's report demonstrated a thorough, analytical, and scientific approach, and that neither denial of natural justice, apprehended bias, nor a failure to give adequate reasons was established. Minor inadequacies in reasoning for individual items did not warrant rejection of those items due to their immateriality. The report was adopted in its entirety and judgment entered for the Owner for defective works and previous overpayment, with interest awarded.

Court Disposition

Referee report adopted entirely; judgment for cross-claimant (Owner) for defective works and overpayment, Amended Statement of Claim dismissed.

Orders

  • ['Report of Scott Leighton Smith dated 16 April 2020 adopted in its entirety.' "Plaintiff/cross-defendant to pay costs of cross-claimant's notice of motion dated 8 May 2020." 'Amended Statement of Claim dismissed.' 'Judgment for Cross-claimant in the sum of $227,941.21 in respect of defective works.' 'Interest on...