Mikeon Projects Pty Ltd v Staffseal Pty Limited [2022] NSWSC 170

Supreme Court New South Wales

Medium Neutral Citation: Mikeon Projects Pty Ltd v Staffseal Pty Limited [2022] NSWSC 170 Hearing dates: 17 February 2022 Decision date: 28 February 2022 Jurisdiction: Equity - Technology and Construction List Before: Ball J Decision: (1) Direct that within 28 days of the date of this judgment or such further time as the Court allows, the Referee provide to the Court a supplementary report (a) addressing the issues raised by the plaintiff's supplementary submissions to the Court dated 18 February 2022 and (b) stating what adjustment, if any, needs to be made to the figures summarised in paragraph [239] of the Referee's report dated 18 June 2021 in the light of those submissions; (2) Direct that by 4.00 pm on 2 March 2022 the plaintiff provide to the Referee a copy of this judgment and its submissions to the Court in relation to the notice of motion filed on 20 August 2021; (3) Direct that the plaintiff pay the Referee's costs of and incidental to the supplementary report. (4) Stand the matter over for directions on 1 April 2022. Catchwords: CIVIL PROCEDURE — Alternative dispute resolution — Court referral to referee — Court's use of report — Whether the referee was entitled to rely on the evidence that it did Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Chocolate Factory Apartments v Westpoint Finance & Ors [2005] NSWSC 784 Electricity Generation Corporation (t/as Vere Energy) v Woodside Energy Ltd (2014) 251 CLR 640; [2014] HCA 7 Waterwood Hotel Management Pty Ltd v KOP International Pty Ltd [2020] NSWSC 709 Category: Procedural rulings Parties: Mikeon Projects Pty Ltd (Plaintiff) Staffseal Pty Limited (Defendant) Representation: Counsel: DS Weinberger (Plaintiff) J Ireland QC (Defendant)