Case Reports

Wicks v State Rail Authority of New South Wales; Sheehan v State Rail Authority of New South Wales [2010] HCA 22 (16 June 2010)

Is an expert under a duty to accord procedural fairness?

In John Nelson Developments Pty Limited v Focus National Developments Pty Limited [2010] NSWSC 150 (5 March 2010) , the Supreme Court of New South Wales determined that no duty of procedural fairness was owed to the Respondent, because the Expert gave opinion on issues and did not act as quasi-judicial officer.  The Court found that, in the absence of anything to the contrary in the parties' agreement, an expert can…  Find out more

In what circumstances is an expert determination subject to review?

In Firedam Civil Engineering Pty Ltd v Shoalhaven City Council [2010] NSWCA 59 (19 April 2010) , the New South Wales South Court of Appeal found that an expert determination was not binding upon the parties because the Expert made inconsistent findings of fact and did not give adequate reasons for his determination.

Although not necessary to consider whether the Expert was required to give reasons to the stan…  Find out more