The Heart Research Institute Limited and Anor v Psiron Limited [2002] NSWSC 646

The Heart Research Institute Limited and Anor v Psiron Limited [2002] NSWSC 646

The agreement to submit disputes to expert determination fails for lack of certainty, as the guidelines incorporated require parties to negotiate and agree an Expert Determination Appointment Agreement, the precise terms of which are not specified, leading to an unenforceable contractual obligation.

Jurisdiction
Australia
Judgment Date
25 July 2002
Procedural Posture
Contract Dispute / Judgment Determining Preliminary Issues
Outcome
Agreement fails for lack of certainty; plaintiff's claims to relief denied.
Legal Topics
['expert Determination' 'uncertainty in Contract' 'specific Performance' 'jurisdiction Ouster' 'public Policy and Adr']
['contract Law' 'civil Procedure' 'alternative Dispute Resolution'] ['expert Determination' 'uncertainty in Contract' 'specific Performance' 'jurisdiction Ouster' 'public Policy and Adr']

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Procedural Posture

Contract Dispute / Judgment Determining Preliminary Issues

Legal Issues

  1. 1 ['Whether clause 18 of the Agreement makes expert determination mandatory' 'Whether the dispute resolution clause ousts the jurisdiction of the Court' 'Whether the clause is void for public policy' 'Whether the clause is void for uncertainty' 'Whether specific performance of the dispute resolution clause should be granted']

Ratio Decidendi

The agreement to submit disputes to expert determination fails for lack of certainty, as the guidelines incorporated require parties to negotiate and agree an Expert Determination Appointment Agreement, the precise terms of which are not specified, leading to an unenforceable contractual obligation.

Court Disposition

Agreement fails for lack of certainty; plaintiff's claims to relief denied.

Orders

  • ['Parties permitted to amend pleading to proceed with their claims on the merits before the Court.' 'Short minutes to be brought in; costs reserved for argument.']