Dualcorp Pty Limited v Remo Constructions Pty Limited [2008] NSWSC 749
FACTS:
Remo Constructions Pty Limited (“Remo”) was a contractor engaged on a development project at Five Dock and Dualcorp Pty Limited (“Dualcorp”) were the subcontractors on that project engaged to carry out demolition, excavation and piling works.
The dispute resolution clause in question purported to limit the parties right to seek relief from the courts in the event of a dispute, requiring the parties (on one view of its construction and interpretation) to adhere to a strict compliance with that expert determination clause to the exclusion of all other relief, save except judicial review in circumstances imprecisely defined.
ISSUE:
Whether the dispute resolution clause operates to limit the parties rights to litigate in circumstances where the dispute resolution mechanism is not properly and precisely drafted to reflect the parties intentions?
FINDING:
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