Wenco Industrial Pty Ltd v WW Industries Pty Ltd

Wenco Industrial Pty Ltd sought to recover damages for breach of contract against WW Industries Pty Ltd. The matter was referred to a special referee, who subsequently submitted a report to the Supreme Court recommending that Wenco Industrial's claim be dismissed. The core legal issues before the court involved the principles governing the adoption of a special referee's report, specifically whether the referee was required to independently verify the facts and the adequacy of the referee's reasons for their conclusions.

The court noted that parties are bound by the answers provided by a special referee, and an order adopting the referee’s report constitutes an interlocutory judgment. The court held that the referee was not required to independently verify the facts but needed to provide adequate reasons for their conclusions. The court found the referee's reasons sufficient and was satisfied that they provided a sound basis for the recommendations. The court exercised its discretion to adopt the referee’s report, and dismissed Wenco Industrial's application for leave to appeal from this decision.

Consequently, the court adopted the special referee’s report, dismissing Wenco Industrial's claim against WW Industries. The court also ruled that leave to appeal the decision to adopt the referee’s report be refused. This outcome left the parties in their respective positions regarding the breach of contract claim.