Expert Determination Case Note: Lainson Holdings Pty Ltd v Duffy Kennedy Pty Ltd [2019] NSWSC 576
The NSW Supreme Court clarified the role of experts appointed under expert determination clauses in Lainson Holdings Pty Ltd v Duffy Kennedy Pty Ltd (‘Lainson Holdings’).[1] The decision confirms that experts are not required to determine disputes ‘free of legal error’ in order for the decision to be binding, even where the contract required the determination to be ‘according to law’. The Facts Lainson Holdings Pty Ltd (‘Lainson’) and Duffy Kennedy Pty Ltd (‘Duffy’) entered into a building contract [...]