The Illawarra Community Housing Trust Limited v MP Park Lane Pty Ltd [2020] NSWSC 751

The Illawarra Community Housing Trust Limited v MP Park Lane Pty Ltd [2020] NSWSC 751

On its proper construction, Clause 21 of the Project Delivery Agreement requires all disputes in connection with the Agreement, including those arising after termination or relating to termination or repudiation, to be referred to expert determination; the clause is neither void for uncertainty, nor inapplicable to the present dispute, and the mechanisms for Dispute Notice and referral were validly enlivened by the defendant/cross claimant.

Jurisdiction
Australia
Judgment Date
17 June 2020
Procedural Posture
Principal Judgment / Final Decision at First Instance
Outcome
Summons dismissed; declarations as to validity of Dispute Notice and referral granted; provisional order for plaintiff to pay defendant’s costs, subject to further submissions.
Legal Topics
['expert Determination Clause' 'dispute Resolution Clauses' 'termination of Contracts' 'repudiation' 'validity of Contractual Procedures']
['contract' 'construction Law'] ['expert Determination Clause' 'dispute Resolution Clauses' 'termination of Contracts' 'repudiation' 'validity of Contractual Procedures']

Case Brief

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Procedural Posture

Principal Judgment / Final Decision at First Instance

Legal Issues

  1. 1 ['Whether Clause 21 of the Project Delivery Agreement requires all disputes, including those arising after termination, to be subjected to expert determination' 'Whether Clause 21 is void for uncertainty or incapable of application to the present dispute' 'Whether the Dispute Notice and referral to the NSW Bar Association were valid under the Agreement']

Ratio Decidendi

On its proper construction, Clause 21 of the Project Delivery Agreement requires all disputes in connection with the Agreement, including those arising after termination or relating to termination or repudiation, to be referred to expert determination; the clause is neither void for uncertainty, nor inapplicable to the present dispute, and the mechanisms for Dispute Notice and referral were validly enlivened by the defendant/cross claimant.

Court Disposition

Summons dismissed; declarations as to validity of Dispute Notice and referral granted; provisional order for plaintiff to pay defendant’s costs, subject to further submissions.

Orders

  • ['Summons dismissed.' 'Declaration that the Dispute Notice given by the defendant/cross claimant to the plaintiff/cross defendant on 25 October 2019 is a valid Dispute Notice within the meaning of Clause 21.2 of the Project Delivery Agreement entered into on 26 November 2015 as amended.' 'Declaration that the letter...