SUPREME COURT OF QUEENSLAND
CITATION:
Northbuild Construction Pty Ltd v Discovery Beach Project Pty Ltd [2010] QSC 97
PARTIES:
NORTHBUILD CONSTRUCTION PTY LTD
ACN 011 063 764
(applicant)
v
DISCOVERY BEACH PROJECT PTY LTD
ACN 100 500 981
(respondent)FILE NO/S:
785 of 2010
DIVISION:
Civil
PROCEEDING:
Application
ORIGINATING COURT:
Supreme Court
DELIVERED ON:
31 March 2010
DELIVERED AT:
Brisbane
HEARING DATE:
3 March 2010
JUDGE:
A Lyons J
ORDER:
The application for a stay of the proceeding is refused
CATCHWORDS:
CONTRACTS – BUILDING, ENGINEERING AND RELATED CONTRACTS – OTHER MATTERS – where a building contract between a developer and builder exists – where disputes arising under contract can be referred to expert determination or arbitration – where disputes arose and both resolution processes were employed – where findings in arbitration award were made – where builder seeks declarations that the developer be estopped from contending otherwise than in accordance with the arbitration award findings – where developer seeks a stay of the builder’s proceedings seeking declarations – whether the contract provides a dispute resolution process for the dispute –whether the dispute should be determined by the court.
Homepace Ltd v Sita South East Ltd [2007] EWHC 629
Northbuild Constructions Pty Ltd v Discovery Beach Project Pty Ltd [2007] QSC 206
Northbuild Constructions Pty Ltd v Discovery Beach Project Pty Ltd [2008] QCA 160
Zeke Services Pty Ltd v Traffic Technologies [2005] 2 Qd R 563COUNSEL:
D Savage SC and C Wilkins for the applicant/respondent
B Porter for the respondent/applicantSOLICITORS:
DLA Phillips Fox for the applicant/respondent
Clayton Utz for the respondent/applicantA LYONS J:
Background
In May 2003 Northbuild Constructions Pty Ltd (Northbuild) as the builder and Discovery Beach Project Pty Ltd (DBP) as the developer entered into a contract to redevelop the property known as “Surfair” on the Sunshine Coast near Marcoola, Queensland. By May 2004 the parties were in dispute. The parties remain in dispute about numerous matters and there has been protracted litigation over the last six years. Those disputes have resulted in a number of applications and trials before this Court as well as a number of appeals to the Court of Appeal.
The latest dispute concerns findings made in an arbitration by an arbitrator Mr Fischer in June 2009. That arbitration process was provided for by the contract. Expert determination is also provided for by the contract. The issue which arises relates to the relevant interrelationship between the arbitration and the expert determination process and the extent to which findings made by the arbitrator bind the experts. In particular, the dispute relates to findings made as to the constitution and terms of a building contract and whether the parties are precluded from seeking to re-agitate those issues in the expert determination.
By its originating application filed on 25 January 2010, Northbuild seeks declarations that DBP is estopped from contending, other than in accordance with the matters contained in the 17 extracts in the reasons given in an award in the Waves Arbitration on…
Keep reading for free
Create a free CaseChat account to read Northbuild Construction Pty Ltd v Discovery Beach Project Pt... and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2010] QSC 97
- Decision Date
CaseChat Overview and Summary
The court considered the terms of the contract and the nature of the dispute. It found that the contract provided for disputes to be referred to expert determination or arbitration, and that the parties had employed both processes in the past. The court held that the dispute in question was properly referred to arbitration and that the findings in the arbitration award were binding on both parties. The court also found that the developer was estopped from contending otherwise than in accordance with the findings in the arbitration award. The court rejected the developer's argument that the dispute should not be determined by the court and held that the builder was entitled to seek declarations to enforce the arbitration award.
The court refused the developer's application for a stay of the proceedings and dismissed the developer's argument that the dispute should not be determined by the court. The court held that the builder was entitled to seek declarations to enforce the arbitration award and that the developer was estopped from contending otherwise than in accordance with the findings in the arbitration award. The court's decision reinforces the importance of parties adhering to the dispute resolution processes set out in their contracts and the binding nature of arbitration awards.
Orders
Orders of the court
The application for a stay of the proceeding is refused
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.