HOWELL v FINE REAL ESTATE NETWORK PTY LTD [1996] NSWCA 257

HOWELL v FINE REAL ESTATE NETWORK PTY LTD

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

MAHONEY P and Simos AJA 4 November 1996

[1996] NSWCA 257

Mahoney P. This is an application for stay of proceedings upon a judgment. The proceedings were proceedings relating, generally, to a real estate company, Fine Real Estate Network Pty Ltd That company sued the defendant, Mr Howell, and the other party, Mr Fine, was involved in the proceedings. Mr Fine's wife has become involved in the proceedings by reason of the interlocked financial arrangements between all of the parties.

The proceedings were, as the Court had been informed, referred by Young J in the Equity Division to the determination of a referee. The referee, Mr Reynolds QC, prepared a report dated 6 March 1996; that report is before the Court.

The report, a lengthy document of some 48 pages, detailed the financial arrangements between the parties and in the end indicated the referee's conclusion that the plaintiff, the company, was entitled to an award of $ 598,148. The referee's report came before McLelland CJ in Eq for adoption. On 19 August 1996, the Chief Judge came to the conclusion that, with some alterations, the report should be adopted. On30 August 1996, having heard further detailed argument in relation to the matter, the Chief Judge made the following orders:

1. The Court adopts the report of the referee dated 6 March 1996 subject to the variations referred to in the reasons for judgment delivered on 19 August 1996 and 30 August 1996.

2. The Court orders that the defendant pay to the plaintiff the sum (including

interest to date) of $445,395.00.

The Court orders that the cross-claim be dismissed.

4. The Court orders that the defendant (cross-claimant) pay to the plaintiff and the cross-defendants their costs of the proceedings (including the costs of the reference).