MPM Constructions Pty Limited v Michael Triguboff & Anor [2004] NSWSC 686

New South Wales Supreme Court

CITATION : MPM Constructions Pty Limited v Michael Triguboff & Anor [2004] NSWSC 686 HEARING DATE(S) : 30/07/04 JUDGMENT DATE : 30 July 2004

JURISDICTION: Equity Division Technology and Construction List JUDGMENT OF : Einstein J DECISION : Defendants motion dismissed.

CATCHWORDS : Part 72 reference - Adoption/rejection LEGISLATION CITED : Evidence Act 1995 Supreme Court Rules (NSW) Foxman Holdings Pty Ltd v NMBE Pty Ltd (1994) 38 NSWLR 615 CASES CITED : Jordan v McKenzie [1987] 26 CPC (2d) 193 Nicholls v Stamer [1980] VR 479 Super Pty Limited v SJP Formwork (Aust) Pty Limited (1992) 29 NSWLR 549 MPM Constructions Pty Limited ACN 003 910 601 (Plaintiff) PARTIES : Micahel Triguboff (First Defendant) Eleanora Triguboff (Second Defendant) FILE NUMBER(S) : SC 55024/02 COUNSEL : Mr T Lynch, Ms Dolenec (Plaintiff) Mr G Watson SC, Ms T Wong (Defendants) SOLICITORS : Snelgroves (Plaintiff) MasseyBailey (Defendants)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION TECHNOLOGY AND CONSTRUCTION LIST

Einstein J

Friday 30 July 2004 ex tempore Revised 23 August 2004

55024/02 MPM CONSTRUCTIONS PTY LIMITED v MICHAEL TRIGUBOFF & ANOR JUDGMENT

The Notices of Motion 1 There are before the court two notices of motion for hearing. The notices of motion relate to a report of 22 June 2004 by Mr P R Callaghan SC who had been appointed pursuant to part 72 of the Supreme Court Rules for enquiry and report. 2 The notices of motion are firstly, a motion filed on 16 July 2004 pursued by the defendants [who were also cross-claimants] ["the owners"] seeking that subject to particular matters, the referee's report be adopted. The motion seeks an order varying the referee's report by: