A referee appointed to implement a settlement agreement cannot impose obligations on parties that were not agreed in the settlement. Leave to appeal will be refused where the applicant seeks to resile from clearly correct concessions made at trial, where complaints relate to views expressed by the trial judge that are not reflected in the orders made, and where new arguments are raised for the first time on appeal without the respondent having had a proper opportunity to respond.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
1 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.