Slim v Kabra [2005] NSWSC 1190

New South Wales Supreme Court

Slim v Kabra [2005] NSWSC 1190 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 11 April, 4, 11 and 12 July 2005 (written submissions to 22 July 2005)

JUDGMENT DATE : 25 November 2005

JURISDICTION : Equity

JUDGMENT OF : Associate Justice McLaughlin at 1

DECISION : 1. Upon the application of the Defendants, I order that the report of Peter David Rodgers dated 16 April 2004 be adopted. 2. I order that the Plaintiffs pay the costs of the Defendants of the notice of motion filed by the Defendants on 7 May 2004. 3. I order that the notice of motion filed by the Plaintiffs on 14 December 2004 be dismissed. 4. I order that the Plaintiffs pay the costs of the Defendants of the aforesaid notice of motion filed by the Plaintiffs on 14 December 2004. 5. I make orders as in paragraphs 1 and 2 in the notice of motion filed by Peter David Rodgers on 24 December 2004. 6. I order that the Plaintiffs pay the costs of Peter David Rodgers of the aforesaid notice of motion filed by him on 24 December 2004. 7. I reserve to the parties liberty to apply in respect to the implementation of orders 1 and 5 hereof. 8. I order that the claim of the Plaintiffs in respect to item 16 in the schedule of the Plaintiffs dated 22 March 2004 and any other claims of the Plaintiffs for legal costs be determined by the Court, and that, for such purpose, all necessary directions be given and orders be made. 9. I reserve to the parties liberty to apply in respect to the implementation of order 8 hereof. 10. I stand over to a date to be fixed by arrangement with my Associate the claims referred to in order 8 hereof

CATCHWORDS : Practice. - Reference by Court. - Adoption of referee's report. - Procedure followed by referee. - Requirement of natural justice. - Whether parties can re-agitate findings of referee.