NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Gleeson v Boden [2011] NSWDC 214 Hearing dates: 24 November 2011 Decision date: 22 December 2011 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Defendants' notice of motion dismissed. (2) The report of Dr Briggs, the referee, dated 4 October 2011 is adopted. (3) Judgment for the plaintiffs for $48,622.00. (4) Defendants pay plaintiffs' costs. (5) Liberty to apply on 7 days' notice. (6) Exhibits retained for 28 days. (7) A copy of this judgment is to be forwarded to Dr Briggs by the Registrar of the District Court of New South Wales at the address provided by Dr Briggs to the court. Catchwords: CONTRACT - claim by builder for delay costs referred by court to a referee pursuant to UCPR Pt 20 r 20.14 - principles for adoption or rejection of a referee's report Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Home Building Act 1989 (NSW) Uniform Civil Procedure Rules 2005 (NSW), rr 20.14, 20.24 Cases Cited: Atlantic Civil Pty Ltd v Water Administration Ministerial Corporation (1992) 39 NSWLR 468 Chloride Batteries Australia Ltd v Glendale Chemical Products Pty Ltd (1988) 17 NSWLR 60 Hawker Noyes Pty Ltd v New South Wales Egg Corporation (Supreme Court of New South Wales, Brownie J, 11 November 1988) Ryde City Council v Tourtouras [2007] NSWCA 218 Taylor Woodrow International Ltd v Minister of Health (1978) 19 SASR 1 The Owners Strata Plan 70579 v Midwest Constructions Pty Ltd [2011] NSWSC 429 Walton Construction Pty Ltd v Illawarra Hotel Co Pty Ltd [2011] NSWSC 534 Texts Cited: Dorter and Sharkey, Building and Construction Contracts in Australia (2nd ed) Category: Interlocutory applications Parties: First Plaintiff: Anthony Joseph Gleeson Second Plaintiff: Ana Maria Gleeson First Defendant: Bill Boden Second Defendant: Margaret Boden Representation: Plaintiffs: Mr T Davie Defendants: Mr G Sirtes SC / Mr Hand Plaintiffs: Schrader Legal Defendants: Hazan Hollander Solicitors File Number(s): 2009/336899 Publication restriction: None
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate