Peter Holmes Investments Pty Ltd v S&C Nicola Pty Ltd (No 2) [2022] NSWSC 1215

Supreme Court New South Wales

Medium Neutral Citation: Peter Holmes Investments Pty Ltd v S&C Nicola Pty Ltd (No 2) [2022] NSWSC 1215 Hearing dates: 17 August 2022 Date of orders: 19 August 2022 Decision date: 12 September 2022 Jurisdiction: Equity - Expedition List Before: Parker J Decision: See [77] Catchwords: PARTNERSHIPS – partnership accounts – orders made referring the taking of accounts of a partnership project – adoption of referee report – whether referee made an error of law – error of fact – weight of the referee's report – undesirability of further debate – formal procedure of taking an account not followed by the referee Legislation Cited: Civil Procedure Act 2005, s 73 Partnership Act 1892, s 29 Uniform Civil Procedure Rules 2005, Part 46 Cases Cited: Agricultural Land Management Ltd v Jackson (2014) 48 WAR 1 Chocolate Factory Apartments v Westpoint Finance [2005] NSWSC 784 Eastlake v Eastlake [2015] NSWSC 1772 Glazier Holdings Pty Ltd v Australian Mens Health (No 2) [2001] NSWSC 6 Milevski v Paltos [2022] NSWSC 261 Peter Holmes Investments Pty Ltd v S&C Nicola Pty Ltd [2021] NSWSC 1174 Sze Tu v Lowe (2014) 89 NSWLR 317 S&C Nicola Pty Ltd v Peter Holmes Investments Pty Ltd [2022] NSWCA 72 Category: Procedural rulings Parties: Peter Holmes Investments Pty Limited (Plaintiff) S&C Nicola Pty Limited (First Defendant) Manotik Pty Limited (Second Defendant) Sobhy Jean Nicola (Third Defendant) Representation: Appearances: C Lambert (Plaintiff) SM Golledge SC/C Carroll (First and Second Defendants)