Milne v Benjafield [2002] NSWSC 1126

Milne v Benjafield [2002] NSWSC 1126

The referee's report was not adopted because the reference was limited to particular questions concerning partnership files, their value, custody and related liabilities, but the referee proceeded on the mistaken basis that he was to determine generally the entitlements of each partner, analysed the partnership and associated trust's assets and liabilities as a whole, and significantly exceeded the jurisdiction conferred while failing to answer the questions actually referred. There was also no utility in formally adopting any portion of the report.

Jurisdiction
Australia
Judgment Date
22 November 2002
Procedural Posture
Partnership Dissolution and Winding Up Proceedings / Notice of Motion to Adopt Referee's Report
Outcome
Report not adopted; notice of motion dismissed with costs.
Legal Topics
['dissolution and Winding Up of Partnership' 'reference to Referee' "adoption of Referee's Report" 'excess of Jurisdiction' 'natural Justice']
['partnership' 'civil Procedure' 'equity'] ['dissolution and Winding Up of Partnership' 'reference to Referee' "adoption of Referee's Report" 'excess of Jurisdiction' 'natural Justice']

Case Brief

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Procedural Posture

Partnership Dissolution and Winding Up Proceedings / Notice of Motion to Adopt Referee's Report

Legal Issues

  1. 1 ["Whether the referee's report should be adopted in whole." 'Whether the referee exceeded the scope of the questions referred to him by the Court.' "Whether the referee's excess of jurisdiction involved a denial of natural justice." "Whether any portion of the referee's report should be adopted."]

Ratio Decidendi

The referee's report was not adopted because the reference was limited to particular questions concerning partnership files, their value, custody and related liabilities, but the referee proceeded on the mistaken basis that he was to determine generally the entitlements of each partner, analysed the partnership and associated trust's assets and liabilities as a whole, and significantly exceeded the jurisdiction conferred while failing to answer the questions actually referred. There was also no utility in formally adopting any portion of the report.

Court Disposition

Report not adopted; notice of motion dismissed with costs.

Orders

  • ['The notice of motion is dismissed, with costs.']