Watpac Construction NSW Pty Limited v Taylor Thompson Whitting (NSW) Pty Ltd [2015] NSWSC 780

Supreme Court New South Wales

Medium Neutral Citation: Watpac Construction NSW Pty Limited v Taylor Thompson Whitting (NSW) Pty Ltd [2015] NSWSC 780 Hearing dates: 4 June 2015 Decision date: 19 June 2015 Jurisdiction: Common Law Before: Ball J Decision: 1. The defendant execute the Expert Determination Agreement exhibited at pages 105-110 of Exhibit "WM1" to the affidavit of Warwick Meller sworn 13 April 2015 (Expert Determination Agreement), within 7 days;

2. The defendant pay the sum of $9,625 to the Security Holder (as defined in the Schedule to the Expert Determination Agreement) in accordance with the Expert Determination Agreement within 7 days;

3. The defendant provide a copy of the Expert Determination Agreement, executed in accordance with Order (1), to the plaintiff and Philip Martin within 10 days.

4. Liberty to apply on 7 days' notice;

5. Order that the defendant pay the plaintiff's costs. Catchwords: CONTRACT – Specific performance of dispute resolution clause – Where parties agreed to refer dispute to independent expert determination – Where one party refused to execute Expert Determination Agreement – Proper construction of primary agreement and Expert Determination Agreement Cases Cited: 1144 Nepean Highway Pty Ltd v Abnote Australasia Pty Ltd [2009] VSCA 308 Belvino Investments No 2 Pty Limited v Australian Vintage Ltd [2014] NSWSC 978 BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266 Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 Fletcher Construction Australia Ltd v MPN Group Pty Ltd (Supreme Court (NSW), Rolfe J, 14 July 1997, BC9705205) McGrath v McGrath [2012] NSWSC 578 Royal Botanic Gardens and Domain Trust v South Sydney City Council [2002] HCA 5; (2002) 240 CLR 45 Secured Income Real Estate (Aust) Ltd v St Martins Investments Pty Ltd (1979) 144 CLR 596 Triarno Pty Ltd v Triden Contractors Ltd (1992) 10 BCL 305 Texts Cited: J D Heydon, M J Leeming and P G Turner, Meagher, Gummow and Lehane's Equity Doctrines & Remedies, 5th ed, 2015, LexisNexis Butterworths) Category: Principal judgment Parties: Watpac Construction NSW Pty Limited ACN 103 211 141 (Plaintiff) Taylor Thompson Whitting (NSW) Pty Ltd ACN 113 578 377 (Defendant) Representation: Counsel: S Robertson (Plaintiff) D Weinberger | A Jordan Defendant)