Milne v Benjafield & 3 Ors [2000] NSWSC 171

Milne v Benjafield & 3 Ors [2000] NSWSC 171

By consent, disputes as to compliance with orders, as well as valuation of partnership work in progress, are to be determined by a referee assisted by a cost consultant, with cost orders available if material past non-compliance is found.

Parties
Plaintiff: David Keith Gordon Milne; First Defendant: Peter Vivian Benjafield; Second Defendant: Benlaw Pty Limited ACN 002 059 350; Third Defendant: Colin David Mitty; Fourth Defendant: Franola Pty Limited
Jurisdiction
Australia
Judgment Date
16 March 2000
Procedural Posture
Equity / Consent Orders Made; Interlocutory Orders Regarding Procedure
Outcome
Consent orders made
Legal Topics
Use of Referee, Cost Consultant, Court's Overriding Purpose, Break Up of Partnership, Valuation of Work in Progress, Non Compliance With Orders
Practice and Procedure Equity Use of Referee Cost Consultant Court's Overriding Purpose Break Up of Partnership Valuation of Work in Progress Non Compliance With Orders

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Parties

David Keith Gordon Milne

Plaintiff

Peter Vivian Benjafield

First Defendant

Benlaw Pty Limited ACN 002 059 350

Second Defendant

Colin David Mitty

Third Defendant

Franola Pty Limited

Fourth Defendant

Procedural Posture

Equity / Consent Orders Made; Interlocutory Orders Regarding Procedure

Legal Issues

  1. 1 How to resolve disputes regarding compliance and valuation in the break-up of a solicitor partnership
  2. 2 Practical effect of Supreme Court Rules overriding purpose in managing procedure
  3. 3 Whether non-compliance with court orders warrants cost orders

Ratio Decidendi

By consent, disputes as to compliance with orders, as well as valuation of partnership work in progress, are to be determined by a referee assisted by a cost consultant, with cost orders available if material past non-compliance is found.

Court Disposition

Consent orders made

Orders

  • Referral of outstanding matters to referee assisted by cost consultant
  • Production of information to enable valuation of work in progress