Unfair Process to Stop or Not?

Unfair Process to Stop or Not?

Santos Limited v Fluor Australia Pty Ltd & Anor [2023] QSC 7

 

FACTS

This case arises from a large-scale construction dispute involving the upstream component of a coal-seam gas project between 2011 and 2014. The dispute was referred to three referees for determination, and the defendants later sought to stay the process, alleging procedural unfairness and bias. The Supreme Court of Queensland was asked to decide whether the reference should be halted pending further litigation.

 

ISSUE

Can procedural fairness concerns justify halting a dispute resolution process mid-stream, or should efficiency take priority?

 

FINDING…

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