Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nowra Radiology Pty Ltd v Macintosh [2020] FCA 731 File number: NSD 2178 of 2018
Judge: STEWART J
Date of judgment: 26 May 2020
Catchwords: PRACTICE AND PROCEDURE – competing applications regarding adoption or rejection of referee report – whether adoption of referee report consistent with the overarching purpose pursuant to ss 37M and 37N of the Federal Court of Australia Act 1976 (Cth) – relevant principles – whether findings made in the referee report relevant to the issues in dispute – whether expert has the relevant expertise – whether referee identified rational basis for findings made – order for the adoption of referee report with variations made
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 37N
Cases cited: Chocolate Factory Apartments Limited v Westpoint Finance Pty Limited [2005] NSWSC 784 Sheehan v Lloyds Names Munich Re: Syndicate Ltd [2017] FCA 1340 Stone v Ebeid [2020] FCA 343 Weston v Rajan [2019] FCA 1455
Date of hearing: 26 May 2020
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 40
Counsel for the Applicants: C Conde
Solicitor for the Applicants: Access Law Group
Counsel for the Respondent: J Mee
Solicitor for the Respondent: Cullen Macleod
ORDERS NSD 2178 of 2018
BETWEEN: NOWRA RADIOLOGY PTY LTD (ACN 166 387 980) First Applicant
NOWRA RADIOLOGY OPERATIONS PTY LTD (ACN 603 000 675) Second Applicant
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