Lipman Pty Ltd v Empire Facades Pty Ltd (formerly known as Empire Glass and Aluminium Pty Ltd) [2017] NSWCA 217

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Lipman Pty Ltd v Empire Facades Pty Ltd (formerly known as Empire Glass and Aluminium Pty Ltd) [2017] NSWCA 217 Hearing dates: 23 August 2017 Decision date: 31 August 2017 Before: McColl JA at [1] Macfarlan JA at [2] Gleeson JA at [3] Decision: (1) Grant leave to appeal.

(2) Direct the applicant to file a notice of appeal in the form of the draft notice of appeal in the White Book within seven days.

(3) Appeal dismissed.

(4) Applicant to pay the respondent's costs in this Court. Catchwords: CONTRACTS – where dispute resolution clause provided for progression from senior executive negotiation, expert determination and litigation in relation to disputes between parties – where final and binding nature of expert determination qualified by a party having given notice of appeal within specified timeframe - where right to litigate in relation to the dispute if "the determination of the expert does not resolve the dispute" – whether "litigation" clause should be read as subject to a pre-condition that only an invalid expert determination will not "resolve" the dispute. Legislation Cited: Supreme Court Act 1970 (NSW), s 101(2)(e) Cases Cited: Badgin Nominees Pty Ltd v Oneida Ltd [1998] VSC 188 Cessnock City Council v Aviation and Leisure Corporation Pty Ltd [2012] NSWSC 221 Empire Glass and Aluminium Pty Ltd v Lipman Pty Ltd [2017] NSWSC 253 Legal & General Life of Australia Ltd v A Hudson Pty Ltd (1985) 1 NSWLR 314 Lipman Pty Ltd v Emergency Services Superannuation Board [2011] NSWCA 163 Category: Principal judgment Parties: Lipman Pty Ltd (Applicant) Empire Facades Pty Ltd (formerly known as Empire Glass and Aluminium Pty Ltd) (Respondent) Representation: Counsel: Mr D T Miller SC / Mr B Le Plastrier (Applicant) Mr I D Faulkner SC (Respondent)