Stockland (Constructors) Pty Limited v Darryl I Coombs Pty Limited & Ors [2004] NSWSC 894

Stockland (Constructors) Pty Limited v Darryl I Coombs Pty Limited & Ors [2004] NSWSC 894

The referee's report should be adopted as to the contractual terms, the proper parties, the absence of contractual or tortious breach, and the finding that no loss from the Story Steel settlement was proved; the scope of fees properly allowable should be remitted for further consideration by the referee for clarification or reconsideration.

Parties
Plaintiff: Stockland (Constructors) Pty Limited; First Defendant: Darryl I Coombs Pty Limited; Second Defendant: Philip J Flook Pty Limited; Third Defendant: Retail Design Group (International) Pty Limited
Jurisdiction
Australia
Judgment Date
28 September 2004
Procedural Posture
Equity Division Technology and Construction List / Motions for Adoption/rejection/remitter of Referee's Report, Dealt With by Separate Question Orders
Outcome
Partial adoption of referee's report; some issues remitted for reconsideration/clarification.
Legal Topics
Interpretation of Contracts, Adoption of Referee's Reports, Remitter of Referee's Reports, Negligence in Construction Consultancy, Damages and Proof of Loss
Contract Law Construction Law Civil Procedure Interpretation of Contracts Adoption of Referee's Reports Remitter of Referee's Reports Negligence in Construction Consultancy Damages and Proof of Loss

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Parties

Stockland (Constructors) Pty Limited

Plaintiff

Darryl I Coombs Pty Limited

First Defendant

Philip J Flook Pty Limited

Second Defendant

Retail Design Group (International) Pty Limited

Third Defendant

Procedural Posture

Equity Division Technology and Construction List / Motions for Adoption/rejection/remitter of Referee's Report, Dealt With by Separate Question Orders

Legal Issues

  1. 1 Whether the referee's report should be adopted, rejected or referred back for findings on: (1) contractual terms, (2) parties to the retainer, (3) ambit of allowable fees, (4) breach of contract or tortious duty, (5) proof of loss from Story Steel settlement

Ratio Decidendi

The referee's report should be adopted as to the contractual terms, the proper parties, the absence of contractual or tortious breach, and the finding that no loss from the Story Steel settlement was proved; the scope of fees properly allowable should be remitted for further consideration by the referee for clarification or reconsideration.

Court Disposition

Partial adoption of referee's report; some issues remitted for reconsideration/clarification.

Orders

  • Referee's report adopted as to findings on contractual terms and proper parties to the retainer.
  • Referee's report adopted as to finding of no breach in contract or tortious duty and that no loss from the Story Steel settlement was proved.