Lipman Pty Ltd v Emergency Services Superannuation Board [2011] NSWCA 163

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Lipman Pty Ltd v Emergency Services Superannuation Board [2011] NSWCA 163 Hearing dates: 27 May 2011 Decision date: 27 May 2011 Before: Allsop P at 1, Young JA at 17, Tobias AJA at 18 Decision: 1. Application for leave to appeal allowed. 2. The draft notice of appeal contained within volume 1 of the application books stand as a filed notice of appeal. 3. Appeal dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: CONTRACT - construction - dispute resolution clause - requirement under contract that expert determination be final and binding "unless a party gives notice of appeal" within 21 days - whether determination never final and binding where notice issued.

ADR - dispute resolution clauses to be construed broadly to give effect to business purpose - parties unlikely to have intended multiple venues or occasions for resolution of disputes.

CASE MANAGEMENT - conduct of appeal - filing of unnecessary material - need for practitioners to play their part in providing efficiency of service through the courts. Cases Cited: Comandate Marine Corporation v Pan Australia Shipping Pty Ltd [2006] FCAFC 192; 157 FCR 45 Fiona Trust & Holding Corporation v Privalov [2007] UKHL 40; [2008] 1 Lloyd's Rep 254 Francis Travel Marketing Pty Ltd v Virgin Atlantic Airways Ltd (1996) 39 NSWLR 160 United Group Rail Services Ltd v Rail Corporation of New South Wales [2009] NSWCA 177; 74 NSWLR 618 Category: Principal judgment Parties: Lipman Pty Ltd (Applicant) Emergency Services Superannuation Board (Respondent) Representation: Counsel: Mr M G Rudge SC, Mr H Bevan (Applicant) Mr M Dempsey SC, Mr N Kidd (Respondent) Solicitors: Kreisson Legal (Applicant) Holding Redlich (Respondent) File Number(s): 2009/298863 Decision under appeal Jurisdiction: 9111 Citation: Lipman Pty Limited v Emergency Services Superannuation Board [2010] NSWSC 710 Date of Decision: 2010-06-29 00:00:00 Before: Hammerschlag J File Number(s): 2009/298863