Haridemos agreed to construct two new residences, on two properties in McKellar for Labathas. Disputes arose during the construction work. Haridemos sought resolution under the Security of Payment regime and entered the Adjudication Certificates obtained into judgment. Labathas initiated an appeal process against the Adjudication Certificates. During the appeal process, the parties signed a Settlement Deed which included finalising the appeal proceedings and a process for resolution of the underlying dispute.
The process provided by the Settlement Deed including appointment of an expert to provide a determination which would be binding on the parties subject to a right of appeal under the s38 of the Commercial Arbitration Act 1986 (ACT) (CAA) Subsequently, a determination was made and Haridemos appealed the determination.
Whether the parties agreed to appoint an expert or an arbitrator, whether the Court has jurisdiction under the s38 of the CAA to hear the appeal against an expert determination.