Wenco Industrial Pty Ltd v W W Industries Pty Ltd & Anor

(2009) 25 VR 119; [2009] VSCA 191

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Special referee
3. › Report
4. › Adoption by Court
5. › Principles applicable
6. › Whether referee required independent verification of facts
7. › Adequacy of referee's reasons
8. › Discretion to adopt
9. › Whether question of adoption should be reserved to trial judge
10. › Supreme Court (General Civil Procedure) Rules 2005 (Vic), rr 50.01, 50.04
1. Practice and Procedure
2. › Adoption of referee's report
3. › Interlocutory or final order
4. › Whether order adopting referee's report finally disposes of rights of parties
5. › Need for leave to appeal
6. › Supreme Court Act 1986 (Vic), s 17A(4)(b)
1. Appeal
2. › Standard of appellate review
3. › Appeal from discretionary decision to adopt referee's report
4. › Whether principles in House v The King apply
5. › Whether judge erred in exercise of discretion

Quick Take

An order adopting a special referee's report under r 50.04 of the Supreme Court (General Civil Procedure) Rules 2005 (Vic) is an interlocutory order requiring leave to appeal. Appellate review of the decision to adopt is constrained by House v The King principles — the question is not whether the referee erred, but whether the judge erred in the exercise of discretion to adopt. The Court synthesised nine propositions governing the approach to adoption of referee reports, providing a comprehensive framework for practitioners.