CPB Contractors Pty Ltd v Transport for NSW

CPB Contractors Pty Ltd sued Transport for New South Wales, seeking to re-litigate a determination made by an expert in relation to a contract for road widening works on the Pacific Motorway. The expert had determined that CPB Contractors were not entitled to any further compensation, a decision which CPB Contractors contested. The primary issue before the court was whether CPB Contractors were precluded by the terms of the contract from litigating the issue and whether the expert determination constituted a determination that did not involve paying a sum of money. The court also had to consider whether there was any deficiency or error in the expert's determination that suggested the expert did not make a determination in accordance with the contract. Furthermore, the court needed to decide whether proceedings commenced in the face of an expert determination should be stayed in part.

The court found that CPB Contractors were precluded by the terms of the contract from litigating the issue of further compensation, as the contract contained a clause preventing such re-litigation. The court held that the expert determination was not a determination that involved paying a sum of money, as it did not result in CPB Contractors being liable to pay any amount to Transport for New South Wales. The court also determined that there was no deficiency or error in the expert's determination that suggested the expert did not make a determination in accordance with the contract. Finally, the court concluded that proceedings commenced in the face of an expert determination should not be stayed in part, as the proceedings were not in relation to the same subject matter as the expert determination.

The orders of the court were that CPB Contractors' claim was to be dismissed in its entirety, and that Transport for New South Wales were entitled to their costs of the proceeding.