Carbotech-Australia Pty Limited and Anor -v- Ian Kenneth Yates and Ors [2007] NSWSC 1304

New South Wales Supreme Court

CITATION : Carbotech-Australia Pty Limited and Anor -v- Ian Kenneth Yates and Ors [2007] NSWSC 1304

HEARING DATE(S) : 12 February 2007 6 June 2007

JUDGMENT DATE : 16 November 2007

JUDGMENT OF : Associate Justice McLaughlin

DECISION : 1. I order that the notice of motion filed by the Plaintiffs on 4 September 2007 be dismissed. 2. I order that the Plaintiffs pay the costs of the Eleventh and Twelfth Defendants of the foregoing notice of motion. 3. The exhibits may be returned.

CATCHWORDS : Practice. Reference by Court. Report of referee. Application to adopt to adopt report. Function and obligations of referee. Duty to observe rules of natural justice and procedural fairness. Duty to act impartially. Communications between referee and one party, unbeknown to other party. Integrity of the process thereby compromised. Apprehended bias. Ground for not adopting report.

Re JRL; Ex parte CJL (1986) 161 CLR 342 CASES CITED : Xuereb v Viola (1988) 18 NSWLR 453 Vakauta v Kelly (1989) 167 CLR 568 Goktas v Government Insurance Office of New South Wales (1993) 31 NSWLR 684

Carbotech- Australia Pty Limited (First Plaintiff) PARTIES : Ground Consolidation Pty Limited (Second Plaintiff) Era Polymers Pty Limited (Eleventh Defendant) Era Polymers Holdings Pty Limited (Twelfth Defendant)

COUNSEL : Mr R. Smith SC and Mr S. Goodman (Plaintiffs) Mr C. Freeman (Eleventh and Twelfth Defendants)

SOLICITORS : Clayton Utz (Plaintiffs) Photios Vouroudis & Co (Eleventh and Twelfth Defendants)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

ASSOCIATE JUSTICE McLAUGHLIN