SJP FORMWORK (AUST) PTY LTD V LEDA CONSTRUCTIONS PTY LTD (1992) CLD55021 OF 1991
Supreme Court of NSW – 19 May 1992
The Plaintiff was a sub-contractor for the defendant on three projects. The subcontract agreement was not in writing.
The Plaintiff claimed more money from the Defendant and the Defendant denied liability to pay any more money and cross-
claimed for the defective work and delay. Court proceedings were referred for a report by a referee. The referee decided the Plaintiff was entitled to a sum in excess of $350,000.00 and dismissed the claims by the Defendant.
The Defendant claimed that the Referee had failed to take evidence into account or had given too much weight to insignificant evidence.
The court had to decide whether the referee had erred in the decision he made. The Plaintiff alleged that the findings of fact by the referee were made against the weight of evidence.