Lipman Pty Ltd v Emergency Services Superannuation Board ¹⁾

• [2011] NSWCA 163
• [2010] NSWSC 710

CATCHWORDS: CONTRACT – construction – building contract – alternative dispute resolution provision – where the parties refer disputes for expert determination which the provision provides is final and binding but subject to an appeal procedure which involves an attempted negotiated settlement – where the provision provides that the expert determination is to be final and binding unless reversed or overturned or otherwise changed under such procedure – where such procedure did not result in reversal, overturning or change – whether the parties intended the same claims to be determined by different tribunals – held expert determination binding

cf different outcome in lipman_pty_ltd_v_emergency_services_superannuation_board