NSW Caselaw
Appeal Outcome: Special leave granted by High Court, 3 September 2010, (S118/2010)
New South Wales Court of Appeal
CITATION: Firedam Civil Engineering Pty Ltd v Shoalhaven City Council [2010] NSWCA 59 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 9 March 2010
JUDGMENT DATE: 19 April 2010
JUDGMENT OF: Beazley JA at 1; Campbell JA at 2; Macfarlan JA at 19
(1) Appeal allowed; (2) Orders at first instance set aside; DECISION: (3) Declare that the Expert Determination of Mr Neil Turner dated 6 February 2009 is not binding upon the parties to these proceedings; (4) Order the respondent to pay the appellant's costs of the proceedings at first instance and on appeal; and (5) The respondent to have a certificate under the Suitors' Fund Act 1951 if qualified.
CATCHWORDS: CONTRACTS - building, engineering and related contracts - agreement for expert determination of claims under contract - contractual obligation on expert to give reasons - nature of reasons that expert obliged to give - inconsistency in expert's reasons - expert determination not binding on parties
Commercial Arbitration Act 1984 LEGISLATION CITED: Suitors' Fund Act 1951 Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules
CATEGORY: Principal judgment
Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 Bremer Handelsgesellschaft mbH v Westzucker GmbH (No 2) [1981] 2 Lloyd's Rep 130 Gordian Runoff Limited v Westport Insurance Corporation [2010] NSWCA 57 Holt v Cox [1997] NSWSC 144; (1997) 23 ACSR 590 Integer Computing Pty Ltd v Facom Australia Ltd (Supreme Court of Victoria, Marks J, 10 April 1987, unreported) CASES CITED: Kanivah Holdings Pty Ltd v Holdsworth Properties Pty Ltd [2001] NSWSC 405; (2001) 10 BPR 18,825 Kanivah Holdings Pty Ltd v Holdsworth Properties Pty Ltd [2002] NSWCA 180; (2002) 11 BPR 20,201 Legal & General Life of Australia Ltd v A Hudson Pty Ltd (1985) 1 NSWLR 314 Najjar v Haines (1991) 25 NSWLR 224 Oil Basins Ltd v BHP Billiton Ltd [2007] VSCA 255; (2007) 18 VR 346 Xuereb v Viola (1989) 18 NSWLR 453
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