The Owners Strata Plan No 72381 v Meriton Apartments Pty Limited [2015] NSWSC 442

The Owners Strata Plan No 72381 v Meriton Apartments Pty Limited [2015] NSWSC 442

There was no evidence that the expert misunderstood his role in the conclave, and even if there was, the interests of justice and principles of finality dictate that the referee's report should be adopted in whole. Plaintiff entitled to judgment as per the referee's report, including interest and costs.

Jurisdiction
Australia
Judgment Date
23 April 2015
Procedural Posture
Adoption of Referee's Report in Defect Proceedings / Post Hearing Judgment
Outcome
Plaintiff's application granted; referee's report adopted in whole; verdict and judgment for plaintiff.
Legal Topics
["adoption of Referee's Report" 'expert Witness Conclave' 'costs' 'interest' 'finality of Litigation']
['civil Procedure'] ["adoption of Referee's Report" 'expert Witness Conclave' 'costs' 'interest' 'finality of Litigation']

Case Brief

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Procedural Posture

Adoption of Referee's Report in Defect Proceedings / Post Hearing Judgment

Legal Issues

  1. 1 ['Whether expert was under misapprehension regarding agreement in conclave' "Whether interests of justice require non-adoption of referee's report" 'Whether costs should be paid on indemnity basis']

Ratio Decidendi

There was no evidence that the expert misunderstood his role in the conclave, and even if there was, the interests of justice and principles of finality dictate that the referee's report should be adopted in whole. Plaintiff entitled to judgment as per the referee's report, including interest and costs.

Court Disposition

Plaintiff's application granted; referee's report adopted in whole; verdict and judgment for plaintiff.

Orders

  • ['The whole report of Steven Goldstein dated 31 October 2014 be adopted by the Court pursuant to UCPR r 20.24.' 'Verdict and judgment for the plaintiff in the amount of $4,127,923.72.' "The defendants to pay the plaintiff's costs of the motion filed 27 February 2015." "The defendants to pay the plaintiff's costs of...