The Owners Strata Plan 70579 v Midwest Constructions Pty Limited & Ors [2011] NSWSC 429

The Owners Strata Plan 70579 v Midwest Constructions Pty Limited & Ors [2011] NSWSC 429

Save for the superintendent's fee issue, the findings in the referee's reports are to be adopted as the complaints raised by the plaintiff are not made out. The superintendent's fee issue is to be remitted to the referee for further hearing as it was not previously litigated or considered.

Parties
Plaintiff: Owners Strata Plan 70579; First Defendant: Midwest Constructions Pty Limited; Second Defendant: Zolsan Pty Limited; Third Defendant: J & R Investments Pty Limited; Fourth Defendant: Peter Burgess
Jurisdiction
Australia
Judgment Date
13 May 2011
Procedural Posture
Reference Out of Technology and Construction Dispute / Hearing of Notices of Motion Regarding Adoption of Referee's Interim and Final Reports
Outcome
Referee's interim and final reports adopted, except the superintendent's fee issue, which is remitted to the referee.
Legal Topics
Reference Out, Referee's Report, Adoption of Referee's Report, Discretion to Adopt, Vary or Reject Report
Civil Procedure Reference Out Referee's Report Adoption of Referee's Report Discretion to Adopt, Vary or Reject Report

Case Brief

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Parties

Owners Strata Plan 70579

Plaintiff

Midwest Constructions Pty Limited

First Defendant

Zolsan Pty Limited

Second Defendant

J & R Investments Pty Limited

Third Defendant

Peter Burgess

Fourth Defendant

Procedural Posture

Reference Out of Technology and Construction Dispute / Hearing of Notices of Motion Regarding Adoption of Referee's Interim and Final Reports

Legal Issues

  1. 1 Whether the findings in the referee's reports should be adopted, varied or rejected
  2. 2 Whether the referee failed to make findings on superintendent's fee claim
  3. 3 Whether the referee's findings were perverse or manifestly unreasonable

Ratio Decidendi

Save for the superintendent's fee issue, the findings in the referee's reports are to be adopted as the complaints raised by the plaintiff are not made out. The superintendent's fee issue is to be remitted to the referee for further hearing as it was not previously litigated or considered.

Court Disposition

Referee's interim and final reports adopted, except the superintendent's fee issue, which is remitted to the referee.

Orders

  • Superintendent's fee issue remitted to referee for hearing and decision
  • All other findings in referee's interim and final reports to be adopted