Long running boundary dispute. Consent order referring the dispute to a surveyor "for determination as an expert on the basis of an agreed letter of instruction", which (when drafted) instructed him to "resolve" the dispute and "determine" as an expert "the boundary". He was also instructed to "stake out the boundary" once he had reached his decision. Held: The surveyor had been appointed to determine the boundary dispute as an expert. He was not merely providing an expert opinion. The parties were bound by his determination.
