Tag Archives: Stephen Klotz

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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Agreement that is ‘subject to contract’ is generally not binding

Masters v Cameron update

The Victorian Court of Appeal has recently handed down its decision in The Edge Development Group Pty Ltd v Jack Road Investments Pty Ltd.1 The case involved a dispute as to whether a letter of offer signed by both parties was a binding contract for the sale of property. Ultimately, because the letter of offer was ‘subject to the contract being executed’, the Court found that the letter was not binding.

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Challenges to court-appointed receivers’ remuneration

Say Enterprises has successfully challenged a claim by its former receivers and managers seeking approval of their remuneration in the sum of $94,242.79 and that they be justified in paying disbursements, the most significant of which was $35,831.64 of legal fees.

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