ABSTRACT
The two surveyors met and inspected the premises and made an award dated December 25 1988 by virtue of which the appellant was permitted to demolish the party wall and to construct a new wall. The words ‘difference’, ‘settle’ and ‘award’ and the provisions for the appointment of a sole ‘agreed surveyor’ and for decisions by two of three surveyors or in default by the third surveyor are consistent with a judicial or quasi-judicial process. The Act envisages that if three surveyors are to be appointed, a party-appointed surveyor while no doubt retaining his professional independence is not obliged to act without regard to the interests of the party who appointed him. The two surveyors, who were appointed by each party respectively, made an award by which the appellant had liberty to demolish and reconstruct the party wall subject to certain conditions.
