Corbett Court Pty Limited v Quasar Constructions (NSW) Pty Ltd [2008] NSWSC 1163

New South Wales Supreme Court

CITATION : Corbett Court Pty Limited v Quasar Constructions (NSW) Pty Ltd [2008] NSWSC 1163

HEARING DATE(S) : 29, 30, 31 October 2008

JUDGMENT DATE : 19 November 2008

JUDGMENT OF : Hammerschlag J

DECISION : Report varied by reducing the amount of $736,263.77 found to be due by the defendant to the plaintiff by the amounts of $163,599 and $1,260, and otherwise adopted

CATCHWORDS : BUILDING AND CONSTRUCTION – PRACTICE AND PROCEDURE – Uniform Civil Procedure Rules 2005 (NSW) Pt 20 r 20.24 –Both parties contend that report of referee should be accepted but each party contends for variations – where mistakes of law by referee do not effect ultimate outcome of report – where factual findings made were open to the referee on the evidence – Report adopted without variation except those agreed or not contested

Building and Construction Industry Security of Payment Act 1999 (NSW) LEGISLATION CITED : Uniform Civil Procedure Rules 2005 (NSW) Supreme Court Rules 1970 (NSW)

CATEGORY : Principal judgment

Chocolate Factory Apartments Pty Ltd v Westpoint Finance Pty Ltd and Ors [2005] NSWSC 784 Westpoint Management Ltd v Chocolate Factory Apartments Ltd; Chocolate Factory Apartments v Westpoint Finance & Ors [2007] NSWCA 253 Bellevarde Constructions Pty Ltd v CPC Energy Pty Ltd [2008] NSWCA 228 CASES CITED : Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 BP Refinery (Western Port) Pty Ltd v Hastings Shire Council (1977) 180 CLR 266 Bellgrove v Eldridge (1953-54) 90 CLR 613 Wilkie v Gordian Runoff Limited (2005) 221 CLR 522 The Commonwealth of Australia v Verwayen (1990) 170 CLR 394