Bannister & Hunter v Transition Resort Holdings (No. 4) [2014] NSWSC 1081

Supreme Court New South Wales

Medium Neutral Citation: Bannister & Hunter v Transition Resort Holdings (No. 4) [2014] NSWSC 1081 Hearing dates: On the papers Decision date: 12 August 2014 Jurisdiction: Equity Division - Technology and Construction List Before: McDougall J Decision: See at [42] Catchwords: PROCEDURE - Referee's report - adoption - whether to adopt referee's report - where party tried to reargue issues on the adoption which had already been decided by the Court

INTEREST - which rate of interest should be applied - whether interest payable at pre-judgment rate or post-judgment rate from date of judgment until damages were assessed

COSTS - departing from the general rule - conduct of parties - whether successful party entitled to costs of reference - where reference only necessary because of that party's failure to adduce sufficient evidence on question of cost of rectification - where other party tried to reargue matters before the referee which had already been determined by the Court

COSTS - indemnity costs - no question of principle Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Bannister and Hunter v Transition Resort Holdings (No.3) [2013] NSWSC 1943 Bellgrove v Eldridge (1954) 90 CLR 613 Calderbank v Calderbank [1976] Fam 93 Category: Procedural and other rulings Parties: Bannister & Hunter Pty Ltd (Plaintiff/First Cross-Defendant) Transition Resort Holdings Pty Ltd (Defendant/Cross-Claimant) Peter William Barclay (Second Cross-Defendant) Representation: Counsel: EC Muston (Plaintiff/First Cross-Defendant) DS Weinberger (Defendant/Cross-Claimant) Solicitors: Lander & Rogers (Plaintiff/First Cross-Defendant) Gadens Lawyers (Defendant/Cross-Claimant) File Number(s): 2014/41432