Multiplex Constructions Pty Limited v HSH Hotels (Australia) Limited as Trustee of SHR Kent Street Trust and Anor [2003] NSWSC 1069

New South Wales Supreme Court

CITATION : Multiplex Constructions Pty Limited v HSH Hotels (Australia) Limited as Trustee of SHR Kent Street Trust and Anor [2003] NSWSC 1069 HEARING DATE(S) : 22, 23 and 24 September 2003 JUDGMENT DATE : 25 November 2003

JURISDICTION: Equity Division Technology and Construction List JUDGMENT OF : Bergin J DECISION : Reports to be adopted subject to changes to recommended costs orders.

CATCHWORDS : [REFERENCE] - [ADOPTION OR REJECTION OF REPORT] - Competing applications pursuant to Part 72 Rule 13 to adopt or reject Referee's Reports - Court's approach to such applications - References not to be constrained by the rigorous application of rules - [EVIDENCE & PROCEDURE] - Application of the "rule" in Browne v Dunn (1893) 6 R 67 - Competing expert's reports - No cross-examination of expert - Application of principles in Hull v Thompson [2001] NSWCA 359 - [AMENDMENT] - Courts power under Part 72 Rule 9 in circumstances where Referee has power to amend and refuses amendment. LEGISLATION CITED : Supreme Court Rules 1970 (NSW) Allied Pastoral Holdings Pty Limited v Commissioner of Taxation (1983) 1 NSWLR 1 Browne v Dunn (1893) 6 R 67 Chocolate Factory Apartments Limited v Westpoint Finance Pty Limited [2003] NSWSC 547 Clough and Anor v Frog (1974) 4 ALR 615 CASES CITED : Cropper v Smith (1884) 26 Ch D 700 M & EM Hull Pty Limited v Thompson [2001] NSWCA 359 State of Queensland v JL Holdings Pty Limited (1997) 189 CLR 146 Seymour v Australian Broadcasting Commission (1990) 19 NSWLR 219 Super Pty Limited v SJP Formwork (Aust) Pty Limited (1992) 29 NSWLR 549 Multiplex Constructions Pty Limited (Plaintiff/Cross-Defendant) PARTIES : HSH Hotels (Australia) Limited as Trustee of SHR Kent Street Trust (First Defendant/Cross-Claimant) Stamford Property Services Pty Limited (Second Defendant) FILE NUMBER(S) : SC 55002/00 COUNSEL : MG Rudge SC and DT Miller (Plaintiff) AJ Sullivan QC and S Walsh QC (Defendants) SOLICITORS : Minter Ellison Lawyers (Plaintiff) Griffin Hilditch Lawyers (Defendants)