Expert Determination
Review of expert calculation – Error of objective fact – Appeal against decision regarding finality of calculations under contract – Expert calculation based on erroneous data: AGL Victoria Pty Ltd v SPI Networks (Gas) Pty Ltd (formerly TXU Networks (Gas) Pty Ltd [2006] VSCA 173
Leases and tenancies Rent review – Expert valuation – Whether umpire erred in taking into account irrelevant factor: Commonwealth v MTAA Superannuation Fund [2009] ACTSC 115
Where the parties agreed to appoint an expert it was held that the Court does not have jurisdiction to hear an appeal from an expert determination: Haridemos v Labathas [2015] ACTSC 110
Whether expert’s determination open to review by Court on the basis that the expert misconstrued the formula to be applied by him in making the determination: Australian Vintage Ltd v Belvino Investments No 2 Pty Ltd [2015] NSWSC 275
Dispute concerning validity of a notice issued by defendant to second plaintiff under ‘right of first refusal’ regime – application for stay of proceedings on basis parties contractually agreed to dispute’s resolution by expert determination – held: second plaintiff did not meet ‘heavy onus’ of establishing why Court should refuse stay in the circumstances – dispute was amenable to determination by appointed expert – defendant entitled to stay: Mineral Resources Ltd v Pilbara Minerals Ltd [2016] WASC 338
When the parties cannot agree on whether they agreed to appoint an expert: Redpath Contract Services Pty Ltd v Anglo Coal (Grosvenor Management) Pty Ltd [2016] QSC 313
Expert determination clause – Whether clause a submission to arbitration – Held: no submission: Raskin v Mediterranean Olives Estate Ltd [2017] VSC 94