ABSTRACT

The court has wide powers to alter any award and to do so must have the power to substitute its own finding or conclusion for any finding or conclusion that the surveyors made or may be presumed to have made. 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. A matter which arises during the carrying out of the works, about which there is a dispute, must be a matter which relates to the consent for the works to be carried out, example, whether the building owner is complying with a particular requirement in the consent.