Overview
Patel v Peters is important for surveyors who use, or face, ex parte awards.
It shows that the ten-day mechanism is not a trap to be sprung after the other surveyor has actually responded.
What happened
There was a fee dispute. The adjoining owner's surveyor made an ex parte award for fees after the building owner's surveyor failed to respond within the ten-day period.
The building owner's surveyor did respond before the award was actually made, but the response was late.
The decision
The court held that once the other surveyor responded before the award was made, the power to proceed ex parte came to an end.
Why it matters
Ex parte powers exist to stop the process being blocked by a genuine refusal or neglect to act effectively.
They should not be used as a tactical ambush where the other surveyor has re-engaged before the award is made.
Practical lesson
If you are considering an ex parte award, check the correspondence timeline carefully.
If the issue is mainly fees, consider whether referral to the third surveyor is the better and safer route.