NSW Caselaw
New South Wales Supreme Court
CITATION : Ipoh v TPS Property No 2 & Anor [2004] NSWSC 289 HEARING DATE(S) : 10 March 2004 JUDGMENT DATE : 16 April 2004
JUDGMENT OF : McDougall J at 1 DECISION : See paras [105] and [106] of judgment
CATCHWORDS : BUILDING AND CONSTRUCTION - breach of contract - negligence - expert determination clause - power to stay proceedings - whether claims should be struck out or stayed on basis that they have been the subject of binding expert determination - whether expert determination is final and binding - meaning of "final and binding" - whether alternative tort claim was subject of expert determination LEGISLATION CITED : Corporations Act 2001 (NSW) Savcor Pty Ltd v State of New South Wales (2001) 52 NSWLR 587 CASES CITED : Strategic Publishing Group Pty Ltd v John Fairfax Publications Pty Ltd [2003] NSWSC 1134 Legal & General Life of Australia Ltd v A Hudson Pty Ltd (1985) 1 NSWLR 314 Kanivah Holdings Pty Ltd v Holdsworth Properties Pty Ltd [2001] NSWSC 405 Ipoh Limited (Plaintiff) PARTIES : TPS Property No 2 Pty Limited (Defendant 1) Multiplex Limited (Defendant 2) FILE NUMBER(S) : SC 55049/03 G Inatey SC/B McManus (for plaintiff) COUNSEL : D P F Officer QC/J W Orsborn (for first defendant)
Henry Davis York (for plaintiff) SOLICITORS : Holding Redlich (for first defendant) Minter Ellison (for second defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION TECHNOLOGY AND CONSTRUCTION LIST
McDOUGALL J
16 April 2004
55049/03 IPOH LIMITED v TPS PROPERTY NO 2 PTY LIMITED & MULTIPLEX LIMITED JUDGMENT
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