Expert Group International Pty Ltd v TransAction Solutions Limited [2023] NSWSC 543

Supreme Court New South Wales

Medium Neutral Citation: Expert Group International Pty Ltd v TransAction Solutions Limited [2023] NSWSC 543 Hearing dates: 12 May 2023 Decision date: 23 May 2023 Jurisdiction: Equity - Commercial List Before: Ball J Decision: (1) Pursuant to s 67 of the Civil Procedure Act 2005 (NSW) this proceeding be permanently stayed; (2) The plaintiff to pay the defendant's costs of the notice of motion filed on 27 April 2022. Catchwords: CIVIL PROCEDURE — Stay of proceedings — Dispute concerning line items included in Earn-Out Accounts — Where parties have agreed to refer certain Earn Out disputes for expert determination — Whether the dispute fell within the scope of the experts role — Where matters referable to expert determination included which matters could be relied on in reaching relevant calculation — Whether court proceedings are precluded in the circumstances — Implicit exclusion of jurisdiction Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: ABB Power Plants Ltd v Electricity Commission of New South Wales t/as Pacific Power (1995) 35 NSWLR 596 Dance with Mr D Ltd v Dirty Dancing Investments Pty Ltd [2009] NSWSC 332 Huddart Parker Ltd v The Mill House [1950] HCA 43; (1950) 81 CLR 502 Category: Procedural rulings Parties: Expert Group International Pty Ltd (Plaintiff) TransAction Solutions Limited (Defendant) Representation: Counsel: M Izzo SC with J Burnett (Plaintiff) JC Giles SC with N Riordan (Defendant)

Solicitors: Corrs Chambers Westgarth (Plaintiff) Donato Legal (Defendant) File Number(s): 2023/94810 Publication restriction: None