Case Reports
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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 inform himself or herself as he or she thinks fit. In this case, the procedural requirements for the determination were a matter for the Expert to determine, because the joint venture agreement in question was silent as to the dispute resolution procedure to be adopted.
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