sec.70Effect of conclusive evidence provision

### sec.70 Effect of conclusive evidence provision If a contract or other document provides that a certificate of a person is conclusive evidence of a fact, the certificate is evidence, but not conclusive evidence, of the fact. However, subsection (1) does not apply to— a certificate of a person bound to act judicially, quasi-judicially or as an arbitrator in giving the certificate; or a certificate of an expert, including, for example, an architect or engineer, required to be independent and act fairly to the parties to the contract or other document in giving the certificate; or a provision in a contract or other document agreed to after a dispute has arisen about the fact. Subsection (1) applies— subject to any other Act; and despite any agreement to the contrary. In this section— certificate includes a statement and an opinion. fact includes a circumstance, event, matter and state of affairs. (sec.70-ssec.1) If a contract or other document provides that a certificate of a person is conclusive evidence of a fact, the certificate is evidence, but not conclusive evidence, of the fact. (sec.70-ssec.2) However, subsection (1) does not apply to— a certificate of a person bound to act judicially, quasi-judicially or as an arbitrator in giving the certificate; or a certificate of an expert, including, for example, an architect or engineer, required to be independent and act fairly to the parties to the contract or other document in giving the certificate; or a provision in a contract or other document agreed to after a dispute has arisen about the fact. (sec.70-ssec.3) Subsection (1) applies— subject to any other Act; and despite any agreement to the contrary. (sec.70-ssec.4) In this section— certificate includes a statement and an opinion. fact includes a circumstance, event, matter and state of affairs. - (a) a certificate of a person bound to act judicially, quasi-judicially or as an arbitrator in giving the certificate; or - (b) a certificate of an expert, including, for example, an architect or engineer, required to be independent and act fairly to the parties to the contract or other document in giving the certificate; or - (c) a provision in a contract or other document agreed to after a dispute has arisen about the fact. - (a) subject to any other Act; and - (b) despite any agreement to the contrary.