NSW Caselaw
New South Wales Supreme Court
CITATION : Forrest v Appleyard & Ors [2007] NSWSC 889
HEARING DATE(S) : 30 May 2007 JURISDICTION : Equity Division
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 31 May 2007
DECISION : Further evidence admitted. Report rejected in part. Report varied by substituting Court's own view based on further evidence. Report as varied adopted.
CATCHWORDS : PROCEDURE – Reference – to Referee – procedure on motion for adoption/rejection of report – approval of court to such questions – application for leave to adduce further evidence – approach to such applications – where evidence enables Court to substitute its own view to that of referee – VALUATION – equity – taxation investment product – cost of acquisition or future cash flows - taking into account events after relevant date – obligation to form view as to recoverability of receivables.
LEGISLATION CITED : (NSW) Uniform Civil Procedure Rules 2005, r 20.24
Chloride Batteries Australia Ltd v Glendale Chemical Products Pty Ltd (1988) 17 NSWLR 60 Forrest v Appleyard [2006] NSWSC 281 Foxman Holdings Pty Ltd v NMBE Pty Ltd (1995) 38 NSWLR 615 CASES CITED : Hughes Bros Pty Ltd v Minister of Public Works (NSWSC, Rolfe J, 17 August 1994, unreported, BC9402885 Seven Sydney Pty Ltd v Fuji Xerox Australia Pty Ltd [2004] NSWSC 902 Super Pty Ltd v SJP Formwork (Aust) Pty Ltd (1992) 29 NSWLR 549 Xuereb v Viola (1998) 18 NSWLR 453
John James Forrest (plaintiff) PARTIES : Leigh Davern Appleyard (first defendant) Geoffrey Martin Pryke (second defendant) Bruce Anthony Kenny (third defendant)
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