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Expert Determinations

2009

Determination under an Executive Short Term Incentive Plan (STIP) for a major Financial Institution and Funds Manager and an executive director in relation to a $1million bonus and redundancy payment. The basis of calculating the bonus payment for the last two years of the STIP for several Key Reporting Areas (KRA’s) was disputed. Although the STIP required any dispute to be Arbitrated, the parties decided that Expert Determination was to be adopted to resolve their dispute. The matter was resolved by a binding determination and a revised payment within four months of appointment.

 

2006

Determination of a dispute in relation to the completion accounts of a Sale and Purchase of Shares Agreement for airport ground handling operations at two major international airports and involving divisions of two major international companies, both listed on the London Stock Exchange.

 

Expert Witness

2009

Ipex Itg Pty Ltd (In Liquidation) (Receivers and Managers Appointed) v Melbourne Water Corporation [2009] VSC 383

Trade practices – misleading and deceptive conduct – information technology outsourcing agreement

Mr. Rundell was engaged by Melbourne Water as an Expert Witness

The following are some extracts from the Judgement of Justice Byrne.

At paragraph 120:

“John Warwick Rundell, a [chartered] accountant with specialist IT outsourcing experience engaged by Melbourne Water, prepared a very useful and detailed chart showing the help desk statistics in graph form”

At paragraph 135:

“...his expectation was, I was told, consistent with industry experience [Microsoft Technet December 1998, p 3/12] and it accorded with the opinion of Mr Rundell.”

 

Liability limited by a scheme approved under Professional Standards Legislation