Lipman Pty Limited v Emergency Services Superannuation Board [2010] NSWSC 710
The expert determination under the contract is final and binding unless reversed, overturned, or otherwise changed through the appeal procedure. As no reversal or change occurred, the expert determination remains binding and proceedings in court are not maintainable.
- Jurisdiction
- Australia
- Judgment Date
- 29 June 2010
- Procedural Posture
- Contract Dispute / Final Judgment—application to Dismiss or Stay Proceedings
- Outcome
- Proceedings dismissed as disclosing no cause of action—expert determination is final and binding
- Legal Topics
- ['alternative Dispute Resolution' 'expert Determination' 'dispute Resolution Clauses' 'building Contracts']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Contract Dispute / Final Judgment—application to Dismiss or Stay Proceedings
Legal Issues
- 1 ['Whether an expert determination under the contract is final and binding after unsuccessful appeal procedures' 'Whether the parties intended for the same claims to be determined by different tribunals' "Effect of contract provisions on parties' common law rights"]
Ratio Decidendi
The expert determination under the contract is final and binding unless reversed, overturned, or otherwise changed through the appeal procedure. As no reversal or change occurred, the expert determination remains binding and proceedings in court are not maintainable.
Court Disposition
Proceedings dismissed as disclosing no cause of action—expert determination is final and binding
Orders
- ['Exhibits are to be returned']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment