VoR Environmental Australia Pty Limited v Taset Inc. (No 2) [2019] FCA 1094

VoR Environmental Australia Pty Limited v Taset Inc. (No 2) [2019] FCA 1094

The Referee Report and Supplementary Report were adopted in whole because the referee had been given wide procedural discretion, had before him the parties' materials and submissions, addressed the respondent's five contentions and the issue of limited supervision, and produced thorough, reasoned and scientific reports in a technical area within his expertise. The respondent's objections did not establish patent misapprehension of evidence, manifest unreasonableness, inadequate reasoning, procedural unfairness, or any failure to perform the task set by the Court. The conclusions reached by the referee were open and should not be re-litigated merely because they were adverse to the...

Jurisdiction
Australia
Judgment Date
17 June 2019
Procedural Posture
Commercial and Corporations Proceeding; Interlocutory Application Concerning Adoption of Referee Reports / Interlocutory Hearing on Adoption of Referee Report and Referee Supplementary Report
Outcome
Application granted; the Referee Report dated 11 December 2018 and Referee Supplementary Report dated 30 May 2019 were adopted in whole, with costs orders made against the respondent in relation to the 17 June 2019 interlocutory hearing and the applicant's share of the Supplementary Report costs.
Legal Topics
['appointment of Referee' 'adoption of Referee Reports' 'overarching Purpose' 'procedural Fairness' 'costs']
['practice and Procedure' 'commercial and Corporations' 'regulator and Consumer Protection'] ['appointment of Referee' 'adoption of Referee Reports' 'overarching Purpose' 'procedural Fairness' 'costs']

Case Brief

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Procedural Posture

Commercial and Corporations Proceeding; Interlocutory Application Concerning Adoption of Referee Reports / Interlocutory Hearing on Adoption of Referee Report and Referee Supplementary Report

Legal Issues

  1. 1 ['Whether the Referee Report dated 11 December 2018 and Referee Supplementary Report dated 30 May 2019 should be adopted in whole under s 54A of the Federal Court of Australia Act 1976 (Cth) and r 28.67(1)(a) of the Federal Court Rules 2011 (Cth).' "Whether the respondent's objections demonstrated unreasonableness in fact finding, misapprehension of evidence, lack of opportunity to put evidence and submissions, failure to disclose reasoning, or failure to address important matters." 'Whether the referee failed to conduct necessary inquiries or failed to address the premise that the respondent did not supervise the installation of the tank beyond the identified involvement.']

Ratio Decidendi

The Referee Report and Supplementary Report were adopted in whole because the referee had been given wide procedural discretion, had before him the parties' materials and submissions, addressed the respondent's five contentions and the issue of limited supervision, and produced thorough, reasoned and scientific reports in a technical area within his expertise. The respondent's objections did not establish patent misapprehension of evidence, manifest unreasonableness, inadequate reasoning, procedural unfairness, or any failure to perform the task set by the Court. The conclusions reached by the referee were open and should not be re-litigated merely because they were adverse to the...

Court Disposition

Application granted; the Referee Report dated 11 December 2018 and Referee Supplementary Report dated 30 May 2019 were adopted in whole, with costs orders made against the respondent in relation to the 17 June 2019 interlocutory hearing and the applicant's share of the Supplementary Report costs.

Orders

  • ['Pursuant to s 54A of the Federal Court of Australia Act 1976 (Cth), each of the following reports of the Referee, Dr David Tawfik, is adopted in whole: (a) "Referee Report" dated 11 December 2018; (b) "Referee Supplementary Report" dated 30 May 2019.' 'The costs of and incidental to the interlocutory hearing on 8...