711 Hogben Pty Ltd v Tadros; Tadros v 711 Hogben Pty Ltd [2016] NSWSC 697

711 Hogben Pty Ltd v Tadros; Tadros v 711 Hogben Pty Ltd [2016] NSWSC 697

The expert's determination was an expert determination in accordance with the Deed and was not affected by manifest error; the expert properly applied principles of contractual interpretation and acted within the scope of authority conferred by the Deed.

Jurisdiction
Australia
Judgment Date
01 June 2016
Procedural Posture
Contractual Dispute (expert Determination) / Separate Question Determination
Outcome
Separate question answered 'Yes' (the determination is an expert determination in accordance with the Deed; not affected by manifest error)
Legal Topics
['interpretation of Contract' 'expert Determination' 'manifest Error']
['contract Law'] ['interpretation of Contract' 'expert Determination' 'manifest Error']

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Procedural Posture

Contractual Dispute (expert Determination) / Separate Question Determination

Legal Issues

  1. 1 ['Whether the expert determination was an expert determination in accordance with the Deed' 'Whether the expert determination was affected by manifest error']

Ratio Decidendi

The expert's determination was an expert determination in accordance with the Deed and was not affected by manifest error; the expert properly applied principles of contractual interpretation and acted within the scope of authority conferred by the Deed.

Court Disposition

Separate question answered 'Yes' (the determination is an expert determination in accordance with the Deed; not affected by manifest error)

Orders

  • []