AS 2124 cl 23(c)'s 'reasonable' – dual roles

The Supreme Court of New South Wales has held that the extent of the disparity between measures and values of the superintendent and, on the other hand, of a subsequent referee was such that the superintendent had failed in the duty (whereby of course the principal was liable in damages). Although per obiter dictum, the Court also said that the superintendent's dual roles as project architect and superintendent put her in a very difficult situation; together with the principal's demands of her as the former, she was placed in a position where the possibility of conflict was real and the appearance of bias was likely to result. [Case ref: Walton v Illawarra [2011] NSWSC 1188.]