NSW Caselaw
New South Wales Supreme Court
CITATION : Tranquility Pools & Spas Pty Ltd v Huntsman Chemical Company Australia Pty Ltd [2008] NSWSC 58
HEARING DATE(S) : 29/10/2007
JUDGMENT DATE : 20 February 2008
JURISDICTION : EQUITY
JUDGMENT OF : Bryson AJ
1. Upon the plaintiffs' Notice of Motion of 27 September 2007 claim 1, order pursuant to UCPR 20.24 that the Report of Professor Robert Burford of 20 September 2007 be adopted in whole. DECISION : 2. Direct that the plaintiffs approach the Registrar in Equity for an appointment for hearing the remaining claims in the Notice of Motion. 3. Dismiss the defendant's Notice of Motion of 5 October 2007. 4. Order that the plaintiffs' costs of Claim 1 in the plaintiffs' Notice of Motion and the plaintiffs' costs of the defendant's Notice of Motion be plaintiffs' costs in the proceedings.
CATCHWORDS : PRACTICE and PROCEDURE - Reference and Report UCPR 20 Div.3 - report on causation of Pool Failures consisting of blistering and discoloration in swimming pools manufactured by spraying fibreglass on upturned mould - examination of detailed criticisms of Referee's Report - Report adopted.
LEGISLATION CITED : s.52 of the Trade Practices Act
CASES CITED : Chocolate Factory Apartments v West Point Finance Pty Ltd [2005] NSWSC 784
Tranquility Pools & Spas Pty Ltd - First Plaintiff PARTIES : Tranquility Pools & Spas (Manufacturing) Pty Ltd - Second Plaintiff Huntsman Chemical Company Australia Pty Ltd - First Defendant
FILE NUMBER(S) : SC 50158/2006
COUNSEL : J. Stevenson SC & V. Whittaker - Plaintiffs J. Simpkins SC & G. Sirtes - Defendant
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