1An independent expert appointed under a contractual dispute resolution agreement is not in breach of the terms of engagement merely by receiving material one party considers objectionable, by offering to hear submissions on whether that material falls within the engagement, or by proposing a further meeting to resolve procedural disputes between the parties.
2Unilateral termination of a duly appointed independent expert's appointment by one party, without warning to the other party and without seeking curial assistance in a proceeding already before the court, constitutes repudiation of the dispute resolution agreement — particularly where the termination goes to the heart of the agreement and is not feasibly open to correction.
3The 'honest misapprehension' exception to repudiation does not apply where the terminating party's conduct was unreasonable, motivated by a desire to avoid an unfavourable determination, and where the party failed to warn the other side or seek the court's assistance despite the matter being before the court.
Case Details
Citation[2015] VSC 319
CourtVSC
JurisdictionVictoria
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