Shoalhaven City Council v Firedam Civil Engineering Pty Limited

[2011] HCA 38
Judgment date
Case number
S216/2010
Before
French CJ, Gummow, Heydon, Crennan, Kiefel, Bell JJ
Catchwords

Contract – Construction - Dispute resolution clause - Parties to contract agreed to expert determination of claims for damages for breach of contract - Expert contractually obliged to give reasons - Whether inconsistency in expert's reasons - Whether court has power to review expert's determination made under contract.

Words and phrases – "expert determination", "inconsistency", "issue", "valid and sufficient reasons".

Commercial Arbitration Act 1984 (NSW) – ss 24, 28, 33, 44.

Corporations Act 2001 (Cth) – s 500(2).

Files
38.rtf (56.7 KB)
38.pdf (88.51 KB)