Morrison v Moss (No. 2) [2020] NSWDC 29

District Court New South Wales

Medium Neutral Citation: Morrison v Moss (No. 2) [2020] NSWDC 29 Hearing dates: 21 February 2020 Date of orders: 21 February 2020 Decision date: 21 February 2020 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraphs 42-46 Catchwords: PRACTICE AND PROCEDURE – building dispute – finding in reasons for judgment in relation to debt owed to Builders by Home Owner subject to Home Owner's defence of set-off - Home Owner's defence of set-off comprises claim for cost of rectification works for defective or incomplete work by the Builders - application by Home Owner to re-open judgment to correct provisional finding on debt owed to Builders – whether discretion to re-open should be exercised – quantum of costs to rectify defective work to be the subject of referral – application to limit information available to referee to evidence served by parties prior to the hearing – appropriate orders to give effect to referral Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Uniform Civil Procedure Rules 2005 (NSW) rr 20.14, 20.20, 36.16 and 36.17 Cases Cited: Autodesk Inc v Dyason (No.2) (1993) 176 CLR 300 Busways Blacktown Pty Ltd v Westbus Region 1 Pty Ltd (No.2) [2018] NSWSC 1901 Elliott v R (2007) 234 CLR 38 Mann v Paterson Constructions [2019] HCA 32 Morrison v Moss [2019] NSWDC 746 Nominal Defendant v Livaja [2011] NSWCA 121 Power v Deputy Commissioner of Taxation (No.2) [2014] NSWCA 77 Texts Cited: Ritchie's Uniform Civil Procedure New South Wales [36.17.5] Category: Procedural and other rulings Parties: Mr J Morrison (Plaintiff) Mr A Moss (Defendant) Ms E Moss (Defendant) Representation: Counsel: Mr T Bland for the Plaintiff No appearance for the Defendants