SHIELS & ANOR v HELKEAST P/L & ANOR [2001] NSWSC 1032

SHIELS & ANOR v HELKEAST P/L & ANOR [2001] NSWSC 1032

The application to reject or vary the referee's report should be dismissed because the defendants had been afforded ample procedural opportunity to present their case and documents to the referee under due process but failed to do so, and their complaints of procedural injustice or misapprehension of evidence lacked substance; no sufficient basis was established for declining to adopt the report.

Parties
First Plaintiff: Roger Kenneth Shiels; Second Plaintiff: Vickie Shiels; First Defendant: Helkeast Pty Ltd; Second Defendant: Garose Pty Ltd
Jurisdiction
Australia
Judgment Date
16 November 2001
Procedural Posture
Equity Proceedings / Application to Reject or Vary Referee's Report on Notice of Motion
Outcome
Defendants’ Notice of Motion dismissed with costs.
Legal Topics
Reference to Referee, Natural Justice, Supreme Court Rules Pt72, Adoption of Referee's Report, Misapprehension of Evidence
Equity Practice and Procedure Reference to Referee Natural Justice Supreme Court Rules Pt72 Adoption of Referee's Report Misapprehension of Evidence

Case Brief

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Parties

Roger Kenneth Shiels

First Plaintiff

Vickie Shiels

Second Plaintiff

Helkeast Pty Ltd

First Defendant

Garose Pty Ltd

Second Defendant

Procedural Posture

Equity Proceedings / Application to Reject or Vary Referee's Report on Notice of Motion

Legal Issues

  1. 1 Whether the referee's report under Supreme Court Rules Pt72 should be rejected or varied for procedural injustice or misapprehension of evidence

Ratio Decidendi

The application to reject or vary the referee's report should be dismissed because the defendants had been afforded ample procedural opportunity to present their case and documents to the referee under due process but failed to do so, and their complaints of procedural injustice or misapprehension of evidence lacked substance; no sufficient basis was established for declining to adopt the report.

Court Disposition

Defendants’ Notice of Motion dismissed with costs.

Orders

  • The defendants' Notice of Motion filed on 16 October 2001 is dismissed with costs.