Blackmore Design Group Pty Ltd v Mudge

Blackmore Design Group Pty Ltd initiated legal action against Mudge, Ferry, and Rebemta for unpaid architectural fees. The dispute centered around the identification of the contracting parties and the validity of the claims against each defendant. The case was referred to a referee, whose report the court adopted, subject to certain adjustments. The primary legal issues involved the identification of the contracting parties, the admissibility of new arguments raised by the defendants, and the plaintiff's alteration in the calculation of the claim from what was initially stated in the pleadings.

The court examined whether the plaintiff could pursue alternative claims against the defendants when all admitted to a contract with only one of them. The court also assessed the defendants' points that were not previously raised before the referee and the plaintiff's change in approach to the calculation of the claim. The court ruled that the referee's report was acceptable, notwithstanding the absence of Rebemta from the claims at the reference stage, as Rebemta was not argued by the defendants to be added where liability was found against Mudge and Ferry.

Consequently, the court entered judgments against Mudge, Ferry, and Rebemta for specific sums, adjusted to account for a $150,000 payment made before the proceedings. The final judgments were for Mudge to pay $24,467.54, Ferry to pay nothing, and Rebemta to pay $182,394.18. The court reserved the issue of costs for later determination.