Sweeney v Coffey Pty Ltd

Sweeney (the plaintiff) brought proceedings against Coffey Pty Ltd (the defendant) in the Supreme Court of New South Wales, alleging negligence and breach of contract. The dispute concerned damage to the plaintiff's house, which the plaintiff claimed resulted from the defendant's actions. The matter proceeded to a referee's report, and the plaintiff sought damages for loss of use of the house.

The primary legal issues before the Court of Appeal were whether the referee's report was flawed, and consequently, whether the primary judge erred in adopting the referee's findings and awarding damages to the plaintiff. Specifically, the court had to consider the adequacy of the referee's assessment of the plaintiff's loss, particularly in relation to the claim for loss of use of the house.

The Court of Appeal, comprising Mason P, Powell JA, and Fitzgerald AJA, reviewed the referee's report and the primary judge's decision. The court found no error in the referee's approach to assessing the damages, including the award for loss of use. The principles applied centred on the court's power to adopt a referee's report under the Supreme Court Rules and the standard of review for such reports. The court determined that the referee had properly considered the evidence and applied the correct legal principles in reaching their conclusions.

The appeal was accordingly dismissed.