In 2021, the Supreme Court of Queensland referred all questions arising on the pleadings to three referees. On 7 March 2023, the referees provided a draft of their report to parties. In response to the draft report, the Defendants applied to the Supreme Court of Queensland to stay the finalisation of the report pending their substantive application that the reference process be set aside for, amongst other things, apparent bias and procedural unfairness.
The Supreme Court of Queensland dismissed the Defendants application and refused to grant the stay.
Jason Mitchenson (with P O’Shea KC) appeared for the plaintiff, instructed by Corrs Chambers Westgarth.
The judgment is available here.