Construction Engineering (Aust) Pty Ltd v Adams Consulting Engineering Pty Ltd (Ruling No 2)

The parties to this case were Construction Engineering (Aust) Pty Ltd and Adams Consulting Engineering Pty Ltd. The dispute involved the appointment of an assessor to assist the court in a matter that required technical expertise. The case was heard in the Supreme Court of Victoria. The legal issues before the court were whether the case was best assisted by an assessor or a special referee and whether the court could make a reference to a special referee when the defendant opposed such a reference.

The court considered the nature of the dispute and the expertise required to resolve it. It noted that the matter involved complex technical issues that required specialist knowledge. The court was required to determine whether an assessor or a special referee was better suited to assist it in resolving the dispute. The court noted that a special referee had broader powers than an assessor and could make binding determinations on the parties. However, the court also noted that the appointment of a special referee required the consent of both parties. In this case, the defendant opposed the appointment of a special referee. The court considered the function of an assessor and noted that an assessor could provide advice to the court on technical matters but could not make binding determinations.

The court ultimately decided to appoint an assessor to assist it in resolving the dispute. The court noted that an assessor could provide valuable advice to the court on technical matters and that the defendant's opposition to the appointment of a special referee did not necessarily mean that the case was unsuitable for an assessor. The court also noted that the appointment of an assessor did not require the consent of both parties, unlike the appointment of a special referee. The court appointed an assessor to assist it in resolving the dispute.

No final orders were made in this ruling as it was a procedural matter. However, the court's decision to appoint an assessor to assist it in resolving the dispute was a significant one. The court recognised the importance of technical expertise in resolving complex disputes and was willing to appoint an assessor to provide such expertise. This decision highlights the court's willingness to consider alternative dispute resolution mechanisms to ensure that complex technical disputes are resolved efficiently and effectively.