HUGHES BROS PTY LTD v MINISTER FOR PUBLIC WORKS [1994] NSWCA 141

HUGHES BROS PTY LTD v MINISTER FOR PUBLIC WORKS [1994] NSWCA 141

The Court held that while it was open to the primary judge to refer the matter back to the referee, it was also permissible, given the defects in the referee's report and the prolongation of the reference, for the judge to take control of the proceedings and proceed in the Supreme Court. No error was demonstrated in this choice, and thus leave to appeal was refused.

Parties
Claimant: Hughes Bros Pty Ltd; Opponent: Minister for Public Works
Jurisdiction
Australia
Judgment Date
17 October 1994
Procedural Posture
Summons for Leave to Appeal / Decision on Application for Leave to Appeal
Outcome
summons dismissed
Legal Topics
Reference to Referee, Defective Report, Supreme Court Management of Proceedings, Leave to Appeal
Practice and Procedure Reference to Referee Defective Report Supreme Court Management of Proceedings Leave to Appeal

Case Brief

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Parties

Hughes Bros Pty Ltd

Claimant

Minister for Public Works

Opponent

Procedural Posture

Summons for Leave to Appeal / Decision on Application for Leave to Appeal

Legal Issues

  1. 1 Whether the primary judge erred in refusing to refer the matter back to the referee after finding defects in the referee's report.
  2. 2 Whether the Supreme Court should retain control of proceedings instead of returning the matter for further report by the referee.

Ratio Decidendi

The Court held that while it was open to the primary judge to refer the matter back to the referee, it was also permissible, given the defects in the referee's report and the prolongation of the reference, for the judge to take control of the proceedings and proceed in the Supreme Court. No error was demonstrated in this choice, and thus leave to appeal was refused.

Court Disposition

summons dismissed

Orders

  • Summons for leave to appeal dismissed with costs to the opponent.