Tryhaz Pty ltd v Fielders Engineers Pty Ltd

The case between Tryhaz Pty Ltd and Fielders Engineers Pty Ltd came before the court regarding a dispute within the building and construction industry. The primary issue revolved around the acceptance of a report from a referee under Part 72 of the Supreme Court Rules. Specifically, the court needed to determine whether any point should have been raised before the referee and whether any error was disclosed in the report. The defendants, Fielders Engineers Pty Ltd, contested the report's acceptance, arguing procedural and substantive errors.

The court examined whether the plaintiffs had failed to raise certain points before the referee as required, and if these points could be raised post-referee report. The defendants argued that procedural errors were evident, suggesting that the plaintiffs had not adhered to the necessary pre-referee processes. The court considered whether these procedural errors were substantial enough to invalidate the referee's report. Additionally, the court assessed whether the substantive content of the report contained any material errors that would affect its adoption.

In its decision, the court found that the plaintiffs had not breached any procedural requirements by failing to raise certain points before the referee. The court held that the points raised post-referee report did not disclose any material errors that would undermine the referee's findings. Consequently, the report was deemed to be accurate and reliable, and the court adopted the referee's report in its entirety. The defendants' challenge to the report's acceptance was dismissed.

The court ordered that the referee's report be adopted, and any costs associated with the proceedings were to be borne by the defendants. The plaintiffs were awarded costs on an indemnity basis, reflecting the unsuccessful nature of the defendants' challenge.