CPB Contractors Pty Ltd v Transport for NSW [2021] NSWSC 537

Supreme Court New South Wales

Medium Neutral Citation: CPB Contractors Pty Ltd v Transport for NSW [2021] NSWSC 537 Hearing dates: 29 April 2021 Decision date: 14 May 2021 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Proceedings stayed in respect of claims set out in pars 7 to 37 of Plaintiff's Commercial List Statement Catchwords: CONTRACTS – Expert determination regarding contract to perform road widening works on Pacific Motorway – where expert determined issue adversely to plaintiff – where plaintiff commenced proceeding to reagitate that issue – whether plaintiff precluded by the terms of the contract from litigating that issue– whether an expert determination that no further compensation is payable is a determination that does not involve paying a sum of money CONTRACTS – provision for expert determination – whether there was a deficiency or error in determination that disclosed expert did not make a determination in accordance with the contract PRACTICE AND PROCEDURE – expert determination as to part of the claim the subject of the proceedings – whether proceedings commenced in the face of an expert determination should be stayed in part Cases Cited: Dance With Mr D Ltd v Dirty Dancing Investments Pty Ltd [2009] NSWSC 332 Electricity Generation Corp v Woodside Energy Ltd; Woodside Energy Ltd v Electricity Generation Corp (2014) 251 CLR 640; [2014] HCA 7 John Holland Pty Limited v Kellogg Brown & Root Pty Ltd [2015] NSWSC 451 Lahey Constructions Pty Ltd v State of New South Wales [2021] NSWCA 69 Lepcanfin Pty Ltd v Lepfin Pty Ltd [2020] NSWCA 155 Mount Bruce Mining Pty Limited v Wright Prospecting Pty Limited (2015) 256 CLR 104; [2015] HCA 37 Onslow Salt Pty Ltd v Buurabalayji Thalanyji Aboriginal Corp [2018] FCAFC 118 Shoalhaven City Council v Firedam Civil Engineering Pty Ltd (2011) 244 CLR 305; [2011] HCA 38 South Western Sydney Local Health District v Gould (2018) 97 NSWLR 513; [2018] NSWCA 69 Tal Life Ltd v Shuetrim; MetLife Insurance Ltd v Shuetrim (2016) 91 NSWLR 439; [2016] NSWCA 68 Zeke Services Pty Ltd atf Zeke Discretionary Trust v Traffic Technologies Ltd [2005] QSC 135 Texts Cited: P Herzfeld and T Prince, Interpretation (Thomson Reuters, 2nd ed, 2020) Category: Procedural rulings Parties: CPB Contractors Pty Ltd (Plaintiff) Transport for NSW (Defendant) Representation: Counsel: P S Braham SC with C Roberts (Plaintiff) T J Breakspear (Defendant)