Tag Archives: legal error

Expert determination: does ‘according to law’ mean free from legal error?

Lainson Holdings Pty Ltd (Lainson) has unsuccessfully challenged the outcome of an expert determination, on the grounds that the determination contained a legal error.1 The Court had to interpret a contractual provision requiring the expert to make a determination ‘according to law.’ Ultimately, the Court found that ‘according to law’ did not mean that an expert’s decision had to be free from legal error. The expert determination was binding and Lainson was ordered to pay $1,837,212.

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