Lipman Pty Ltd v Emergency Services Superannuation Board [2011] NSWCA 163

Lipman Pty Ltd v Emergency Services Superannuation Board [2011] NSWCA 163

The expert determination is final and binding unless, pursuant to the agreed procedure, it is reversed, overturned, or changed. The issuance of a notice of appeal triggers negotiation but does not render the determination provisional indefinitely; where negotiations fail and no further procedure is agreed, the determination stands.

Parties
Applicant: Lipman Pty Ltd; Respondent: Emergency Services Superannuation Board
Jurisdiction
Australia
Judgment Date
27 May 2011
Procedural Posture
Application for Leave to Appeal and Appeal / Court of Appeal Judgment
Outcome
Application for leave to appeal allowed; appeal dismissed with costs.
Legal Topics
Expert Determination, Dispute Resolution Clause, Final and Binding Determination, Notice of Appeal Period, Case Management
Contract Alternative Dispute Resolution Case Management Expert Determination Dispute Resolution Clause Final and Binding Determination Notice of Appeal Period

Case Brief

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Parties

Lipman Pty Ltd

Applicant

Emergency Services Superannuation Board

Respondent

Procedural Posture

Application for Leave to Appeal and Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether under the dispute resolution clause, a determination is ever final and binding if a notice of appeal is issued within 21 days
  2. 2 Interpretation of business purpose and language of dispute resolution clauses in commercial contracts

Ratio Decidendi

The expert determination is final and binding unless, pursuant to the agreed procedure, it is reversed, overturned, or changed. The issuance of a notice of appeal triggers negotiation but does not render the determination provisional indefinitely; where negotiations fail and no further procedure is agreed, the determination stands.

Court Disposition

Application for leave to appeal allowed; appeal dismissed with costs.

Orders

  • Application for leave to appeal allowed.
  • The draft notice of appeal contained within volume 1 of the application books stands as a filed notice of appeal.