Sue Whelan Architects v Gilmour

Sue Whelan Architects Pty Ltd (the appellant) appealed to the Court of Appeal of New South Wales against a decision of a referee, which had been adopted by the primary judge. The dispute concerned the appellant's liability for alleged defects in architectural services provided to the respondent, Mr. Gilmour.

The central legal issue before the Court of Appeal was whether the primary judge had erred in adopting the referee's report, particularly in circumstances where the appeal did not raise any question of principle. The court was required to consider the extent to which it should interfere with a decision based on a referee's findings of fact and expert opinion.

The Court of Appeal found no error in the primary judge's adoption of the referee's report. Their Honours reasoned that the referee's findings were based on a thorough examination of the evidence and expert assessments. The appeal did not present any novel legal questions or demonstrate a fundamental flaw in the referee's process or conclusions that would warrant overturning the decision. The court applied the principle that appellate courts are generally reluctant to disturb findings of fact made by a primary decision-maker, especially when those findings are supported by expert evidence and a detailed report.

The appeal was dismissed, and the appellant was ordered to pay the respondent's costs.