Landtwo v Coffey Geosciences

In the case of Landtwo v Coffey Geosciences, the proceedings involved a dispute between Landtwo, the plaintiff, and Coffey Geosciences, the defendant. The primary issue was the interpretation and application of certain terms within a contract between the parties, which was alleged to have been breached by Coffey Geosciences. The matter was heard in the Supreme Court of Queensland.

The court had to decide whether the technical issues involved in the case were such that the matter should be referred out for expert opinion, and if so, whether the parties should first prepare a joint expert report and hold a conclave before any order for reference out was made. The court also needed to determine whether the issue involved any question of principle that would necessitate the case being dealt with directly by the court.

The court concluded that the matter was appropriate for reference out due to the technical nature of the issues involved. It found that while there was no requirement for a joint expert report and conclave to be conducted before the reference, the parties should be encouraged to attempt to reach a consensus on the technical matters in dispute. The court further held that the issue did not involve any question of principle that would necessitate its direct involvement. Consequently, the matter was referred out to a suitably qualified expert to provide a report on the technical issues in dispute. The court issued an order for the reference out, specifying the terms of the reference and the procedure to be followed by the parties in preparing and submitting their respective expert reports.