Gleeson v Boden

In the case of Gleeson v Boden, the plaintiff sought a determination regarding delay costs from the defendant, a builder, in relation to a construction project. The dispute was heard in the District Court of New South Wales. The matter reached a point where the court referred the issue of delay costs to a referee under rule 20.14 of the Uniform Civil Procedure Rules 2005 (NSW). The key issue for the court was to decide whether to adopt or reject the referee's report and the principles to be applied in doing so.

The court considered the principles that guide the adoption or rejection of a referee's report, emphasising the need for the referee to have a comprehensive understanding of the issues, to be impartial, and to provide a detailed analysis of the facts and law. The referee, Dr Briggs, was found to have met these criteria. The court further examined the reasoning of Dr Briggs and concluded that his analysis was thorough and his conclusions well-founded. The court decided to adopt the referee's report and awarded the plaintiffs a judgment for $48,622.00, along with an order for the defendants to pay the plaintiffs' costs.

The court dismissed the defendants' notice of motion, adopting the referee's report in its entirety. The court also ordered that a copy of the judgment be forwarded to Dr Briggs by the Registrar. The final orders included the dismissal of the defendants' motion, the adoption of the referee's report, the award of damages to the plaintiffs, and an order for costs. The exhibits were to be retained for 28 days, and the parties were granted liberty to apply on seven days' notice.