Woolf v 52 Birriga Road Pty Ltd [2012] NSWSC 921

Supreme Court New South Wales

Medium Neutral Citation: Woolf v 52 Birriga Road Pty Ltd [2012] NSWSC 921 Hearing dates: 9 August 2012 Decision date: 09 August 2012 Jurisdiction: Common Law Before: Beech-Jones J Decision: 1. That the report of Mr R. Smith dated 1 May 2012 be adopted save for so much of that report that purports to determine the entitlement of the Plaintiffs to recover default interest and legal costs as opposed to the quantum of those costs. 2. The Plaintiffs' notice of motion filed 11 May 2012 be otherwise dismissed. 3. The Defendant's notice of motion filed 18 June 2012 be dismissed. 4. The Defendant pay the Plaintiffs' costs of both notices of motion. 5. The Plaintiffs' costs of the reference to Mr R. Smith be the Plaintiffs' costs in the cause. 6. The proceedings be stood over before the Registrar on Monday 20 August 2012 at 9.00am for directions. Catchwords: REFERENCE - adoption of report - breach of natural justice - dictates of justice - scope of adoption - costs. Legislation Cited: Civil Procedure Act 2005 - s 56 Limitation Act 1969 Uniform Civil Procedure Rules 2005 - r 20.24 Cases Cited: - Applicant VEAL of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 72; 225 CLR 88 - Chocolate Factory Apartments Ltd v Westpoint Finance Pty Ltd [2005] NSWSC 784 - Rhodes, Julie Dawn v Christine Elizabeth Fletcher & Quasar Professionals ACT Pty Ltd [2000] NSWSC 797 - SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; 228 CLR 152 Category: Interlocutory applications Parties: Kenneth Woolf (First Plaintiff) Nita Woolf (Second Plaintiff) 52 Birriga Road Pty Ltd (Defendant) Representation: Counsel: P. Cutler (Plaintiffs) A.R. Vincent (Defendant) Solicitors: Michie Shehadie & Co (Plaintiffs) Salim Rutherford Lawyers (Defendant) File Number(s): 2010/113933