Tag Archives: Shoalhaven City Council v Firedam Civil Engineering Pty Limited

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High Court set standard for expert determination – Shoalhaven City Council v Firedam Civil Engineering Pty Limited

In the recent High Court decision of Shoalhaven City Council v Firedam Civil Engineering Pty Limited[2011] HCA 38, the Court reinforced its trend against setting aside expert determinations except in limited circumstances.  The High Court held that an expert determination, which had been conducted in accordance with the provisions of a contract, expressed to be binding on the parties, generally prevented legal proceedings in respect of the same subject matter.  read more

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