Bianca Kabel (led by Tim Breakspear SC) appeared for John Holland Queensland Pty Ltd, instructed by Corrs Chambers Westgarth.
In summary, this proceeding concerned the interpretation of a dispute resolution clause. The clause provided that disputes were to be resolved by way of expert determination and set out the steps the parties were to take. The key issue was whether the scope of expert determination could include new crossclaims beyond the disputes identified in the Notice of Dispute. After concluding it was in the interest of justice and convenience to determine this issue, the Court held that the expert’s jurisdiction was confined to the disputes contained in the Notice of Dispute and ordered the parties to enter into an Expert Determination Agreement. Justice Cooper reasoned that allowing unnotified claims would undermine the contractual procedure and commercial purpose of the staged dispute resolution process.
The judgment can be read by clicking here
