Recent Cases

Lahey Constructions Pty Ltd v The State of New South Wales [2021] NSWCA 69 (26 April 2021) (Bathurst CJ at [1], Bell P at [2], Gleeson JA at [10])


CONTRACT – building and construction contracts – interpretation – expert determination clause – whether expert determination is final and binding – where parties’ precluded from commencing litigation following expert determination unless value of the determination exceeded a threshold amount – where value of the determination to be calculated without having regard to amounts paid under the Building and Construction Industry Security of Payment Act 1999 (NSW)