Geneville Constructions Pty Ltd v Leslight [2018] NSWDC 384

Geneville Constructions Pty Ltd v Leslight [2018] NSWDC 384

The Referee's report was adopted as a whole, except to the limited extent concerning the Platinum invoice and Hansen invoice, because it showed a thorough, careful and reasoned expert analysis of technical building issues, there was material before the Referee sufficient to support her conclusions, and the defendant did not establish error of principle, excess of jurisdiction, denial of procedural fairness, patent misapprehension of the evidence, perversity or manifest unreasonableness. The two specified invoices were treated only as assumptions pending the Court being satisfied that they were established by Mr Phillips' evidence.

Jurisdiction
Australia
Judgment Date
10 December 2018
Procedural Posture
Civil Building and Construction Proceedings / Plaintiff's Application Pursuant to Part 20.24 of the Uniform Civil Procedure Rules 2005 (nsw) for Adoption of a Referee's Report
Outcome
Referee's report adopted as a whole except in relation to part of paragraph 219 concerning the Platinum invoice and Hansen invoice, which were treated as assumptions pending proof; defendant ordered to pay costs of the adoption hearing as agreed or assessed, with liberty to apply on 14 days' notice for variation of...
Legal Topics
["adoption of Referee's Report" 'quantum Meruit' 'defective Building Works' 'delay Costs' 'procedural Fairness' 'costs']
['building and Construction' 'civil Procedure'] ["adoption of Referee's Report" 'quantum Meruit' 'defective Building Works' 'delay Costs' 'procedural Fairness' 'costs']

Case Brief

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Procedural Posture

Civil Building and Construction Proceedings / Plaintiff's Application Pursuant to Part 20.24 of the Uniform Civil Procedure Rules 2005 (nsw) for Adoption of a Referee's Report

Legal Issues

  1. 1 ["Whether the Referee's report dated 4 September 2018 should be adopted as a whole under Part 20.24 of the Uniform Civil Procedure Rules 2005 (NSW)." 'Whether the Referee made impermissible assumptions about the scope of the agreement between the parties.' "Whether the Referee's quantum meruit assessment, including amounts for design development, advice, less than ideal conditions and delay, disclosed error of principle or manifest unreasonableness." 'Whether the Referee exceeded jurisdiction or denied procedural fairness by including delay costs as part of the quantum meruit assessment.' 'Whether identified invoices described as the Platinum invoice and the Hansen invoice were established on the evidence.']

Ratio Decidendi

The Referee's report was adopted as a whole, except to the limited extent concerning the Platinum invoice and Hansen invoice, because it showed a thorough, careful and reasoned expert analysis of technical building issues, there was material before the Referee sufficient to support her conclusions, and the defendant did not establish error of principle, excess of jurisdiction, denial of procedural fairness, patent misapprehension of the evidence, perversity or manifest unreasonableness. The two specified invoices were treated only as assumptions pending the Court being satisfied that they were established by Mr Phillips' evidence.

Court Disposition

Referee's report adopted as a whole except in relation to part of paragraph 219 concerning the Platinum invoice and Hansen invoice, which were treated as assumptions pending proof; defendant ordered to pay costs of the adoption hearing as agreed or assessed, with liberty to apply on 14 days' notice for variation of...

Orders

  • ['The report of Referee Ms Janet Grey dated 4 September 2018 is adopted as a whole pursuant to Part 20.24 of the Uniform Civil Procedure Rules excepting in relation to part of paragraph 219 of the report. The invoices described as the "Platinum invoice" and the "Hansen invoice" in paragraph 219 of the report are...