Bitar Pty Ltd v Hebbel Constructions Pty Ltd

[2019] NSWCA 39

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Interlocutory decision
4. › Adoption of referee reports
5. › Whether manifest injustice in not reconsidering referee's factual findings
6. › Whether applicant afforded opportunity to make submissions to referee
7. › Supreme Court Act 1970 (NSW), s 101(2)(e)
1. Evidence
2. › Discretions
3. › Exclusion of evidence
4. › Civil proceedings
5. › Refusal to admit late material
6. › Whether primary judge had regard to unexplained delay and case management principles
7. › Restraint in reviewing discretionary decision on practice and procedure
8. › Civil Procedure Act 2005 (NSW), ss 56-59
1. Practice and Procedure
2. › Referees
3. › Adoption of referee reports
4. › Court's discretion to adopt, vary or reject
5. › Role of Court of Appeal in reviewing primary judge's decision on adoption
6. › Whether Court of Appeal reviews referee's report or primary judge's decision
7. › Uniform Civil Procedure Rules 2005 (NSW), r 20.24

Quick Take

The Court held that a party who fails to make submissions to a referee when afforded the opportunity cannot later complain of manifest injustice when the court adopts the referee's report without reconsidering those factual questions afresh.