Geneville Constructions Pty Ltd v Leslight [2018] NSWDC 384

District Court New South Wales

Medium Neutral Citation: Geneville Constructions Pty Ltd v Leslight [2018] NSWDC 384 Hearing dates: 23 November 2018 Date of orders: 10 December 2018 Decision date: 10 December 2018 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) The report of Referee Ms Janet Grey dated 4 September 2018 is adopted as a whole pursuant to Part 20.24 of the Uniform Civil Procedure Rules excepting in relation to part of paragraph 219 of the report. The invoices described as the "Platinum invoice" and the "Hansen invoice" in paragraph 219 of the report are treated as assumptions made by the Referee pending the court being satisfied that they are established upon the evidence given by Mr Phillips on behalf of the plaintiff. (2) The defendant is to pay the costs of the adoption hearing as agreed or assessed. (3) Liberty to the parties to apply on 14 days' notice, for a variation of the costs order in (2) above. Catchwords: Building and construction – whether Referee's report should be adopted by the court – whether a proper basis for the Referee's conclusions Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), Part 20.24 Cases Cited: Brighton Australia Pty Ltd v Multiplex Constructions Pty Ltd [2018] VSC 246 Childs v Bassett trading as Bassett Built Constuctions [2016] NSWDC 243 Harris v Morabito Holdings [2018] NSWSC 912 Jabulani Pty Ltd v Walkabout II Pty Ltd [2016] NSWCA 267 Wenco Industrial Pty Ltd v WW Industries Pty Ltd (2010) 25 VR 119; [2009] VSCA 191 Category: Procedural and other rulings Parties: Geneville Constructions Pty Ltd (Plaintiff) Brett Barry Leslight (Defendant) Representation: Counsel: J Manner (Plaintiff) J A Darvall (Defendant)