Lainson Holdings Pty Ltd v Duffy Kennedy Pty Ltd [2017] NSWSC 203

Lainson Holdings Pty Ltd v Duffy Kennedy Pty Ltd [2017] NSWSC 203

The dispute in question arises out of the contractual relations between the parties as a whole (the Building Contract as amended and superseded by the Side Deed) and thus falls within the scope of the dispute resolution clause. There is no carve out for disputes requiring the use of coercive powers, and the language of the clause encompasses all disputes.

Jurisdiction
Australia
Judgment Date
07 March 2017
Procedural Posture
Principal Judgment / Application for Declarations Refused
Outcome
Declarations sought refused
Legal Topics
['expert Determination' 'dispute Resolution' 'interpretation of Contractual Clauses']
['contract Law' 'construction Law'] ['expert Determination' 'dispute Resolution' 'interpretation of Contractual Clauses']

Case Brief

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Procedural Posture

Principal Judgment / Application for Declarations Refused

Legal Issues

  1. 1 ["Whether the dispute constitutes a 'dispute' within the meaning of the dispute resolution clause in the Side Deed" 'Whether, on proper construction, the dispute was intended by the parties to be referred to expert determination']

Ratio Decidendi

The dispute in question arises out of the contractual relations between the parties as a whole (the Building Contract as amended and superseded by the Side Deed) and thus falls within the scope of the dispute resolution clause. There is no carve out for disputes requiring the use of coercive powers, and the language of the clause encompasses all disputes.

Court Disposition

Declarations sought refused

Orders

  • []