In the matter of Sunnyside Accountants [2022] NSWSC 1313

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Sunnyside Accountants [2022] NSWSC 1313 Hearing dates: 24 March 2022 Date of orders: 29 September 2022 Decision date: 29 September 2022 Jurisdiction: Equity Before: Williams J Decision: See [75] below. Catchwords: PRACTICE AND PROCEDURE – adoption of referee's report – whether report included certain findings – whether certain opinions and recommendations expressed by the referee were extraneous to the scope of the reference Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 20.24 Cases Cited: Chocolate Factory Apartments v Westpoint Finance [2005] NSWSC 784 Codelfa Construction Pty Ltd v State Rail Authority (1982) 149 CLR 337; [1982] HCA 62 Texts Cited: N/A Category: Principal judgment Parties: Sunnyside Accountants Pty Ltd (First Plaintiff) Wasala Mudiyanselage Charitha Prasanna Wasala (Second Plaintiff) Keith Mar (First Defendant) Nancy Pik Yuk Lam (Second Defendant) Representation: Counsel: R Raffell (Second Plaintiff) M Young SC (Defendants)

Solicitors: Sarvaas Ciappara Lawyers (Second Plaintiff) Dixon Holmes Lawyers (Defendants) File Number(s): 2021/62300 Publication restriction: N/A

Judgment

Introduction 1. These reasons concern whether the Court should adopt the report of a referee in whole or in part and what order should then be made concerning the outstanding claim for relief in the proceedings that was the subject matter of the reference.