The applicant, the operator of the Gold Coast Light Rail system (The System), and the respondent, a contractor for design and construction elements on the system, were parties to a written agreement in the form of a deed. A dispute arose between the parties about works performed on The System by the respondent. The applicant sought an order that the respondent execute an expert determination agreement in respect of the dispute and that a letter sent by the respondent to the applicant was not a “notice of dispute” within the meaning of the deed and did not commence any expert determination process. The application was adjourned by consent of both parties in anticipation of an expert determination agreement. These proceedings concerned costs.
Michael Trim appeared for the successful applicant, instructed by DLA Piper.
Matthew Hickey appeared for the respondent, instructed by MinterEllison.
The judgment is published here.