Nutech Wall & Ceiling Systems v VMF Holdings (NSW) (in liquidation) & Ors [2009] NSWSC 737

Nutech Wall & Ceiling Systems v VMF Holdings (NSW) (in liquidation) & Ors [2009] NSWSC 737

The referee was entitled to delegate tasks to appropriate staff, and the fees claimed were reasonable given the parties' conduct and the nature of the reference. There was no improper delegation and no basis to reduce the referee's fees, which are to be paid out as ordered.

Parties
Plaintiff: Nutech Wall & Ceiling Systems Pty Ltd; Defendants: VMF Holdings (NSW) Pty Ltd (in liquidation) & 6 Ors
Jurisdiction
Australia
Judgment Date
31 July 2009
Procedural Posture
Equity / Post Judgment, Application Regarding Referee's Fees
Outcome
Application by fourth to seventh defendants objecting to referee's fees dismissed; payment out of moneys ordered.
Legal Topics
Referees' Fees, Delegation of Tasks by Referees, Practice and Procedure, Payment Out of Court
Civil Procedure Referees' Fees Delegation of Tasks by Referees Practice and Procedure Payment Out of Court

Case Brief

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Parties

Nutech Wall & Ceiling Systems Pty Ltd

Plaintiff

VMF Holdings (NSW) Pty Ltd (in liquidation) & 6 Ors

Defendants

Procedural Posture

Equity / Post Judgment, Application Regarding Referee's Fees

Legal Issues

  1. 1 Whether the referee improperly delegated tasks to staff
  2. 2 Whether referee's fees should be moderated to reflect additional costs occasioned by legal error
  3. 3 Whether specific fees were disproportionate or excessive

Ratio Decidendi

The referee was entitled to delegate tasks to appropriate staff, and the fees claimed were reasonable given the parties' conduct and the nature of the reference. There was no improper delegation and no basis to reduce the referee's fees, which are to be paid out as ordered.

Court Disposition

Application by fourth to seventh defendants objecting to referee's fees dismissed; payment out of moneys ordered.

Orders

  • Direct that the moneys paid into court by the fourth to seventh defendants on 19 February 2009 together with interest earned thereon be paid out to Mr Andrew Ross of Ferrier Hodgson Forensics Pty Ltd.