Corbett Court Pty Ltd v Quasar Constructions (NSW) Pty Ltd

Corbett Court Pty Ltd, as plaintiff, sued Quasar Constructions (NSW) Pty Ltd, as defendant, over a dispute related to a building project. The matter was heard in the Supreme Court of New South Wales. Both parties agreed that the report of the referee should be accepted but disagreed on the variations to be made. The primary legal issue the court had to decide was whether the referee's mistakes of law affected the ultimate outcome of the report and whether the factual findings made by the referee were open to them based on the evidence presented. The court considered that the referee's factual findings were open to them on the evidence, and the mistakes of law did not affect the ultimate outcome of the report. Therefore, the court adopted the report without variation except for those agreed upon or not contested by the parties.

The court emphasised that the referee's role was to make findings of fact and law based on the evidence presented to them. The court held that the referee's factual findings were open to them, and any mistakes of law did not affect the ultimate outcome of the report. The court noted that the parties' agreement on the adoption of the report without variation, except for those agreed upon or not contested, demonstrated their acceptance of the referee's findings. Therefore, the court adopted the report as it stood, with the agreed or uncontested variations. This decision highlights the importance of the referee's role in building disputes and the need for parties to agree on the adoption of the report to avoid unnecessary litigation.