Bowden v Bowden [2020] NSWSC 1863

Supreme Court New South Wales

Medium Neutral Citation: Bowden v Bowden [2020] NSWSC 1863 Hearing dates: 17 December 2020 Date of orders: 17 December 2020 Decision date: 17 December 2020 Jurisdiction: Equity Before: Slattery J Decision: The parties are directed to put on further evidence. The matter is adjourned. Costs are reserved. Catchwords: CIVIL PROCEDURE – Alternative dispute resolution – Court referral to referee – Court's use of report – in a May 2019 judgment of the Court the first plaintiff and the first defendant were found to each hold a 50% interest in certain real property – the balance of the proceedings concerning the parties' contributions to the improvement of that property was to be determined by a referee, pursuant to Uniform Civil Procedure Rules 2005, r 20 – the referee produced a report to the Court on 25 May 2020 – the defendants seek orders that this report be adopted – the first and second plaintiff resist the making of such an order – where the report does not consider the contributions made to the real property by the second plaintiff, a family trust – where other complaints are made about the report the first and second plaintiff seek an adjournment to put on further evidence. Legislation Cited: Conveyancing Act 1919, s 66G Uniform Civil Procedure Rules 2005, Pt 20, Div 3, rr 20, 20.24 Cases Cited: Chocolate Factory Apartments Pty Ltd v Westpoint Finance Pty Ltd [2003] NSWSC 547. Franks v Berem Constructions Pty Ltd [1998] NSWCA 87 Morris v Morris [1982] 1 NSWLR 61 Tryhaz Pty ltd v Fielders Engineers Pty Ltd [2005] NSWSC 906 Category: Consequential orders Parties: Plaintiff: Kevin Alwyn Bowden First Defendant: Julie Gaye Bowden Second Defendant: Ian Bowden Representation: Counsel: First and Second Defendants: D. Eardley