Mikeon Projects Pty Ltd v Staffseal Pty Limited [2022] NSWSC 170

Mikeon Projects Pty Ltd v Staffseal Pty Limited [2022] NSWSC 170

The Court found that the referee did not make relevant errors in the factual findings or in the approach to admitted evidence and was entitled to rely on the invoices and timesheets; however, since an unexplained discrepancy was identified in the calculations, the correct course is to refer those issues back to the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
28 February 2022
Procedural Posture
Civil Technology and Construction / Interlocutory / Procedural Ruling on Notice of Motion
Outcome
Supplementary report ordered; matter stood over for directions; costs of supplementary report to be paid by plaintiff
Legal Topics
['court Referral to Referee' "use of Referee's Report" 'construction Contract Dispute' 'calculation of Contractual Sums']
['civil Procedure'] ['court Referral to Referee' "use of Referee's Report" 'construction Contract Dispute' 'calculation of Contractual Sums']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Civil Technology and Construction / Interlocutory / Procedural Ruling on Notice of Motion

Legal Issues

  1. 1 ['Whether the referee was entitled to rely on certain evidence in the report' 'Whether the findings regarding rates and sums due were reasonable' 'Whether the calculation of sums due contained unexplained discrepancies']

Ratio Decidendi

The Court found that the referee did not make relevant errors in the factual findings or in the approach to admitted evidence and was entitled to rely on the invoices and timesheets; however, since an unexplained discrepancy was identified in the calculations, the correct course is to refer those issues back to the referee for a supplemental report, with the plaintiff to pay the referee’s costs in the first instance.

Court Disposition

Supplementary report ordered; matter stood over for directions; costs of supplementary report to be paid by plaintiff

Orders

  • ["Direct the Referee within 28 days or such further time as allowed to provide a supplementary report addressing the plaintiff's supplementary submissions dated 18 February 2022 and any necessary adjustments to figures in Referee's report 18 June 2021." 'Direct the plaintiff by 4pm on 2 March 2022 to provide the...