Lipman Pty Limited v Emergency Services Superannuation Board [2010] NSWSC 710

New South Wales Supreme Court

CITATION : Lipman Pty Limited v Emergency Services Superannuation Board [2010] NSWSC 710

HEARING DATE(S) : 29 June 2010 JUDGMENT OF : Hammerschlag J

EX TEMPORE JUDGMENT DATE : 29 June 2010

DECISION : The expert determination is final and binding

CATCHWORDS : CONTRACT – construction – building contract – alternative dispute resolution provision – where the parties refer disputes for expert determination which the provision provides is final and binding but subject to an appeal procedure which involves an attempted negotiated settlement – where the provision provides that the expert determination is to be final and binding unless reversed or overturned or otherwise changed under such procedure – where such procedure did not result in reversal, overturning or change – whether the parties intended the same claims to be determined by different tribunals – held expert determination binding

LEGISLATION CITED : Building and Construction Industry Security of Payment Act 1999 Trade Practices Act 1974 (Cth)

CATEGORY : Principal judgment

Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165 International Air Transport Association v Ansett Australia Holdings Ltd (Subject to Deed of Company Arrangement) (2008) 212 ALR 47 Wilkie v Gordian Runoff Limited (2005) 221 CLR 522 CASES CITED : Australian Broadcasting Commission v Australasian Performing Right Association Limited (1973) 129 CLR 99 Francis Travel Marketing Pty Ltd v Virgin Atlantic Airways Ltd (1996) 39 NSWLR 160 Fiona Trust & Holding Corporation v Privalov [2008] 1 Lloyd's Rep 254 United Group Rail Services Ltd v Rail Corporation NSW [2009] NSW CA 177