Shoalhaven City Council v Firedam Civil Engineering Pty Ltd
| Jurisdiction | Australia Federal only |
| Judge | French CJ,Crennan,Kiefel,Gummow,Bell JJ.,Heydon J. |
| Judgment Date | 05 October 2011 |
| Neutral Citation | [2011] HCA 38,2011-1005 HCA B |
| Docket Number | S216/2010 |
| Court | High Court |
| Date | 05 October 2011 |
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7 firm's commentaries
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Oil Basins rises from the ashes? Westport Insurance Corporation & Ors v Gordian Runoff Limited [2011] HCA 37
...http://legalnetworkzen.blogspot.com/[16] per Heydon J at [111]. [17] Shoalhaven City Council v Firedam Civil Engineering Pty Limited [2011] HCA 38; Muldrock v The Queen [2011] HCA 39; Tasty Chicks Pty Limited & Ors v Chief Commissioner of State Revenue [2011] HCA 41. [18] Jemena Asset Manag......
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Expert determination clauses in contracts - are they worth it?
...is not in accordance with the requirements of the contract. In Shoalhaven City Council V Firedam Civil Engineering Pty Limited [2011] HCA 38, the High Court held that expert determinations will be final and binding unless the expert has acted outside his or her contractual powers or the det......
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Oil Basins rises from the ashes? Westport Insurance Corporation & Ors v Gordian Runoff
...CJ, Gummow, Crennan and Bell JJ at [53]. 16 per Heydon J at [111]. 17 Shoalhaven City Council v Firedam Civil Engineering Pty Limited [2011] HCA 38; Muldrock v The Queen [2011] HCA 39; Tasty Chicks Pty Limited & Ors v Chief Commissioner of State Revenue [2011] HCA 18 Jemena Asset Manage......
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High Court set standard for expert determination - Shoalhaven City Council v Firedam Civil Engineering Pty Limited
...Lisa Nash of Gadens Lawyers, Sydney 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 exp......
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2 books & journal articles
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Dispute resolution
...Ltd v Discovery Beach Project Pty Ltd [2010] QSC 97 at [32], per A Lyons J; Shoalhaven City Council v Firedam Civil Engineering Pty Ltd [2011] HCA 38 at [25] (noted by O’Keefe, (2012) 28 BCL 87). 110 Heart Research Institute Ltd v Psiron Ltd [2002] NSWSC 646 at [17], per Einstein J. DISPUTE......
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Sufficiency of Reasons in Arbitration Awards
...the new uniform State Commercial Arbitration Acts . 29 Ibid 132-133. 30 Cf Shoalhaven City Council v Firedam Civil Engineering Pty Ltd [2011] HCA 38, 26 (French CJ, Crennan and Kiefel JJ). 31 Westport Insurance Corporation v Gordian Runoff Ltd [2011] HCA 37, 53. (2012) 26 A&NZ Mar LJ Suffic......