Zeccola v Fairfax Media Publications Pty Ltd (No 2) [2014] NSWSC 421

Zeccola v Fairfax Media Publications Pty Ltd (No 2) [2014] NSWSC 421

It is appropriate to refer proceedings for mediation at this stage, notwithstanding the plaintiffs' objections, as further delay to resolve pleadings or objections would not be justified and the parties are sufficiently on notice of the relevant defences and issues.

Jurisdiction
Australia
Judgment Date
07 April 2014
Procedural Posture
Procedural and Other Rulings / Application for Referral to Mediation
Outcome
Proceedings referred for mediation by a mediator agreed to by the parties or, failing agreement, a mediator nominated by the President of The Law Society
Legal Topics
['mediation' 'referral to Mediation' 'defamation' 'objection to Mediation' 'procedural Order']
['civil Procedure'] ['mediation' 'referral to Mediation' 'defamation' 'objection to Mediation' 'procedural Order']

Case Brief

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Procedural Posture

Procedural and Other Rulings / Application for Referral to Mediation

Legal Issues

  1. 1 ["Whether proceedings should be referred to mediation over plaintiff's objection"]

Ratio Decidendi

It is appropriate to refer proceedings for mediation at this stage, notwithstanding the plaintiffs' objections, as further delay to resolve pleadings or objections would not be justified and the parties are sufficiently on notice of the relevant defences and issues.

Court Disposition

Proceedings referred for mediation by a mediator agreed to by the parties or, failing agreement, a mediator nominated by the President of The Law Society

Orders

  • ['Proceedings referred to mediation by agreed mediator, or if no agreement, mediator nominated by President of The Law Society' 'Costs of mediation to be borne in equal one-third shares by the plaintiff, the newspaper defendants, and the Screen Hub defendants' 'Parties to use best endeavours to hold mediation within...