CONTRACTS – contractual arrangements recording terms of settlement scheme of representative proceedings – where contractual arrangements make provision for dispute between parties to be resolved by third-party decision maker – where appeal to the court from third-party determination limited to error of law – whether third-party decision maker required to afford procedural fairness – distinction between “expert” and “arbitrator” – whether failure to provide procedural fairness would have made any difference to outcome – relevance of principle of materiality to breach of an implied contractual term of procedural fairness – whether applicant should be given leave to file evidence not before primary judge – permissibility of decision maker determining dispute regarding clause of contract applicable to applicant – whether decision maker required to determine issues as to causation – whether decision maker applied correct test of causation – application of principle as to novus actus interveniens
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/full/2026/2026fcafc0033For more information, see the original judgement.
