Expert Determination Case Note: Lahey Constructions Pty Ltd v The State of New South Wales [2021] NSWCA 69
The Supreme Court of NSW Court of Appeal decision of Bathrust CJ, Bell P and Gleeson JA involved the interpretation of an expert determination clause in a building and construction contract and determining whether the decision of the primary judge that the expert determination was final and binding should be upheld, providing a clear summary of the construction considerations of ‘text’, ‘context’ and ‘purpose’. The matter concerns the proper construction of an ‘issue-resolution clause’ in two building contracts between [...]