High Court of Australia

Shoalhaven City Council v Firedam Civil Engineering Pty Limited [2011] HCA 38

244 CLR 305

5 Oct 2011

Case Number: S216/2010

Before

French CJ, Gummow, Heydon, Crennan, Kiefel, Bell JJ

Catchwords

Contract – Construction - Dispute resolution clause - Parties to contract agreed to expert determination of claims for damages for breach of contract - Expert contractually obliged to give reasons - Whether inconsistency in expert's reasons - Whether court has power to review expert's determination made under contract.

Words and phrases – "expert determination", "inconsistency", "issue", "valid and sufficient reasons".

Commercial Arbitration Act 1984 (NSW) – ss 24, 28, 33, 44.

Corporations Act 2001 (Cth) – s 500(2).

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